The Supreme Court of India has directed 17 states and 7 Union Territories (UTs) to frame rules under the Anand Marriage Act, 1909, for the registration of Sikh marriages within four months. This ruling addresses the long-standing issue of non-uniform implementation of the Act, which has led to unequal treatment of Sikh citizens across India.
The Anand Marriage Act, 1909, was amended in 2012 to include a provision for the registration of Sikh marriages performed under the Anand Karaj ceremony. Section 6 of the Act, inserted in 2012, places a mandatory statutory duty on states to create a registration mechanism for these marriages. The Supreme Court has clarified that this duty is not discretionary and does not depend on the size of the Sikh population in a particular state or UT. The court also stated that the existence of other marriage laws does not justify the delay in framing rules under the Anand Marriage Act.
The court's order came in response to a writ petition filed by Amanjot Singh Chadha, who highlighted the hardships faced by Sikh couples due to the inconsistent implementation of the law. While some states had framed the necessary rules, many had not, creating a situation where a citizen's ability to prove their marriage depended on their place of residence.
The Supreme Court emphasized the importance of marriage registration in securing various rights and benefits, including those related to inheritance, succession, maintenance, insurance, and spousal benefits. The court noted that a marriage certificate is particularly crucial for safeguarding the interests of women and children. While non-registration does not invalidate a marriage, a marriage certificate serves as critical documentary proof for accessing legal protections.
Pending the notification of state-specific rules, the Supreme Court has directed all states and UTs to immediately register Anand Karaj marriages under their existing general marriage laws, such as the Special Marriage Act. The court has further directed that the marriage certificate must explicitly mention the 'Anand Karaj' rite if the couple requests it. This measure is intended to ensure that no citizen is denied proof of marriage.
The Supreme Court has directed the central government to act as the coordinating authority in this matter. The central government is tasked with circulating model rules, compiled from jurisdictions that have already notified Section 6 rules, to any state or UT that seeks guidance. The Court has also instructed the Union government to submit a consolidated status report within six months, detailing the compliance of states and UTs with these directives. Furthermore, the court has made it clear that applications for registration or certified extracts of Anand Karaj marriages should not be rejected solely because rules under Section 6 have not yet been notified.
The Supreme Court observed that the fidelity of a constitutional promise is measured not only by the rights it proclaims but also by the institutions that make those rights usable. The court stressed that in a secular republic, the state must not turn a citizen's faith into either a privilege or a handicap. Recognizing Anand Karaj as a valid form of marriage without providing a mechanism for its registration renders the promise only half kept. The court's direction aims to ensure that the process of recording and certifying marriages solemnized by Anand Karaj is open, uniform, and fair, on par with other marriages.
