New Delhi: The Supreme Court has directed all states and Union Territories (UTs) that have not yet notified rules under the Anand Marriage Act, 1909, to do so within four months, ensuring time-bound implementation of the law that provides for registration of Sikh marriages performed through Anand Karaj.
Uneven Implementation Highlighted
A bench of Justices Vikram Nath and Sandeep Mehta noted that while Parliament amended the Act in 2012 to empower state governments to frame rules for registration, several states and UTs have not done so, leading to uneven access to a uniform statutory facility.
The court was hearing a writ petition seeking directions to operationalise the statutory mechanism and ensure states discharge their rule-making duties within a reasonable timeframe.
Importance of Marriage Registration
The apex court stressed that a marriage certificate is crucial for establishing rights related to residence, maintenance, inheritance, insurance, succession, and enforcement of monogamy.
It observed that registration particularly safeguards women and children who depend on documentary proof for legal protections.
The order cautioned that uneven access across states and UTs “produces unequal outcomes for similarly situated citizens” and denies the evidentiary and administrative benefits conferred by Parliament.
Four-Month Deadline and Interim Measures
The bench directed: “Every respondent (states and UTs) that has not yet notified rules under Section 6 of the Act shall do so within four months from today. The rules shall be published in the Official Gazette and laid before the State Legislature in terms of Section 6(4) of the Act.”
In the interim, authorities must accept applications for registration of Anand Karaj marriages immediately and cannot refuse them on the sole ground that rules are not notified.
Monitoring Mechanism and Compliance
Each state and UT must appoint a Secretary-level nodal officer to monitor compliance and address grievances regarding Anand Karaj registrations.
The Union government has been designated as the coordinating authority and must file a consolidated status report within six months before the Supreme Court, also publishing it on the Ministry of Law and Justice website.
Special Directions for Goa and Sikkim
The apex court issued specific directions for Goa and Sikkim, ordering interim facilitation under existing civil registration frameworks and directing the Centre to consider extending the Anand Marriage Act to these states within four months.
It further clarified: “No authority shall insist on an additional or duplicative registration under any other law once registration under the Act is granted, in view of Section 6(5).”
Aries: The day will be auspicious...