A SECULAR LAW
On 13 August, The Rajya Sabha passed a Bill to make Registration of Marriages of all persons who are citizens of India belonging to various religious denominations mandatory thereby necessitating Registration of Marriages, irrespective of the religion of the parties. The Registration of Births and Deaths (Amendment) Bill, 2012, passed by a voice vote, adds marriages to the existing law and substitutes the words “Births, Marriages and Deaths” for the words “Births and Deaths” in the Registration of Births and Deaths Act, 1969. The proposed Law has been enacted to provide evidentiary value in matters of matrimonial status of parties, proof of age, and for establishing custody rights of children as also for conferring rights on children born out of marriages. The law also proposes to help women in maintenance cases as also to prevent unnecessary harassment meted out to women. It will now be tabled before the Lok Sabha and upon being passed will require Presidential assent to become a law.
BACKGROUND
The new marriage law is the outcome of the directions of the Supreme Court on 14 February 2006 in Seema Vs. Ashwani Kumar (All India Reporter 2006 SC 1158) and the 205th Report of the 18th Law Commission of India which had recommended a mandatory Parliamentary legislation on compulsory Registration of Marriages to bring country wide uniformity of marriages of all religious faiths. Further, the Committee on Empowerment of Women in its 12th Report on Plight of Indian Women deserted by NRI husband presented to the Lok Sabha on 13 August 2007, had also expressed that all marriages irrespective of religion should be compulsorily registered.
CONTENTS
The new Law is indeed laudable and salutary. It defines “marriage” as a union solemnized between a male and a female belonging to any caste, religion or tribe and includes marriages solemnized under any custom, usage or law for the time being in force and also includes remarriages. The proposed new law makes it mandatory that every person shall get his marriage registered under the new Act or under any other Central or State law in force or under The Anand Marriage Act, 1909. It further provides that the parties to the marriage whose marriage is registered under the new Act shall not be required to get their marriage registered under any other Marriage Law. Likewise, it is also stated that the provisions of the new law shall not apply to a person whose marriage has been registered under any existing law for registration of marriages and the validity of marriages registered previously shall not be affected. Furthermore, it is made clear that the provisions of the new law shall be in addition to, and not in derogation of any other marriage registration law in force and shall not affect any right recognised or acquired under any law, custom or usage by the parties. Specifically, the new law shall not apply to any matter or law relating to existing marriages including The Anand Marriage Act, 1909.
ENFORCEMENT MACHINERY
For bringing a stream lined, working and effective implementation method, the proposed marriage registration law amalgamates with the existing procedure and machinery created for Registration of Births and Deaths, thereby simplifying the process for providing a workable and effective mode for registration of marriages. The powers for registration, persons required to register marriages, duty of persons to inform marriages, provisions for refusal to register and delayed registration of marriages, corrections, cancellations or search in marriage registers, power of Registrars to obtain information on marriages and other related matters have been suitably added in the Registration of Births and Deaths Act, 1969, to empower the existing registration machinery to exercise these new powers for registration of marriages. The State Governments with the approval of the Central Government or the Central Government can make enabling rules or such provisions for implementation of the new provisions of the new marriage Act.
NEED OF THE HOUR
In enacting a composite secular and uniform marriage registration law applicable though out the country and implementing it through an existing workable mechanism, the legislators have done extremely well. It is now for countrymen to adapt to the proposed beneficial law and make it workable as for Births and Deaths. The applicability to all persons, regardless of religion professed is indeed commendable. At the same time saving of any existing State legislations providing for registration of marriages with liberty to avail of the new law is well meaning open minded proposition. Advantages of marriage registration, need to compulsorily register marriages and awareness of its benefits now needs to be made friendly to the common man. The duties of the administrators now require them to popularise the advantages which can be achieved to make the Marriage Registration Law a success. A friendly secular law will succeed with the acceptance of the people.
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