The Supreme Court directs all States and UTs to frame rules within four months for Anand Karaj marriages, stressing faith must not become a privilege or handicap.
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NEW DELHI: The Supreme Court of India has directed all States and Union Territories to frame and notify rules for the registration of Sikh marriages solemnised through Anand Karaj within four months.
Background
The writ petition, filed under Article 32 of the Constitution, sought a limited mandamus to operationalise Section 6 of the Anand Marriage Act, 1909, as amended in 2012. The amendment mandates State Governments to maintain a Marriage Register, issue certified extracts, and provide a uniform registration mechanism for Anand Karaj marriages.
While some States and Union Territories had notified rules, many others had not, creating unequal access to civil benefits like inheritance, maintenance, insurance, and legal recognition. The Supreme Court highlighted that this inconsistency undermined the legislative intent of the 2012 amendment.
Observations by the Supreme Court
The Bench, comprising Justice Vikram Nath and Justice Sandeep Mehta, emphasized that:
- Registration provides critical proof of marital status, particularly safeguarding women and children who depend on documentation for legal protections.
- Uneven access to statutory registration produces unequal outcomes for similarly placed citizens.
- Harmonising Anand Karaj registrations with existing frameworks is both practicable and necessary.
- While registration is not a condition for the validity of an Anand Karaj marriage, the statutory right to registration must be effectively operationalised.
Supreme Court Directions:
To ensure uniformity and accessibility, the Court issued the following directions:
- States and UTs yet to notify rules under Section 6 must do so within four months.
- Interim registration: Until rules are notified, authorities must register Anand Karaj marriages under prevailing frameworks, noting the rite if requested.
- No duplicate registration: Once registration under the Act is granted, no authority may insist on re-registration under another law.
- States with existing rules must issue clarificatory circulars, publish procedures online, and ensure certified extracts are readily available.
- Nodal officers must be appointed in each State to oversee compliance and redress grievances.
- The Union of India is the coordinating authority, tasked with circulating model rules within two months and submitting a consolidated compliance report within six months.
- Special instructions were issued for Goa and Sikkim, directing interim registration under existing frameworks while formal extension of the Act is considered.
The Court powerfully stated:
“In a secular republic, the State must not turn a citizen’s faith into either a privilege or a handicap. When the law recognises Anand Karaj as a valid form of marriage yet leaves no machinery to register it, the promise is only half kept.”
Case Title:
AMANJOT SINGH CHADHA VERSUS UNION OF INDIA
WRIT PETITION (CIVIL) NO. 911 OF 2022
Read Order:
