Minority-dominated districts in West Bengal bordering Bangladesh are experiencing a surge in Muslim couples registering their marriages under Section 16 of the Special Marriage Act, 1954. This unusual trend involves couples already married under Islamic law seeking additional registration.
Data indicates that 1,130 Muslim couples in Bengal applied to register their marriages between November 2024 and October 2025. Notably, over half of these applications, specifically 609, were submitted between July and October 2025, coinciding with the Special Intensive Revision (SIR) of electoral rolls in neighboring Bihar. West Bengal government officials suggest a link between this spike and growing apprehension surrounding the impending SIR rollout in Bengal. Many Muslim couples are reportedly seeking additional citizenship documentation in light of these concerns.
The majority of applications originated from districts bordering Bihar and Bangladesh, including North Dinajpur (199), Malda (197), Murshidabad (185), and Cooch Behar (97). Kolkata recorded a significantly lower number of applications (24), while Jhargram (1) and Kalimpong (2) had the fewest.
Traditionally, Muslim marriages in rural Bengal are conducted and registered under The Bengal Muhammadan Marriages and Divorces Registration Act, 1876. This act licenses Muhammadan Marriage and Divorce Registrars (MMRs), often kazis, to perform and register these marriages. While certificates issued by kazis are legally valid, they often lack uniformity due to MMRs using personal formats, and the address verification process can be ambiguous. Consequently, many governmental and private institutions do not accept these kazi-issued certificates as valid marriage documents.
Certificates issued under the Special Marriage Act offer a more standardized and reliable form of documentation. An official noted that these certificates are often considered proof of citizenship. Furthermore, unlike the 1876 Act which allows for quicker marriage and divorce processes, potentially enabling manipulation and polygamy, the Special Marriage Act is more stringent, permitting only one marriage at a time. This difference is due to the 1876 Act vesting significant power in the kazis, potentially bypassing legal scrutiny.
The shift towards registering marriages under the Special Marriage Act reflects a desire for more secure and universally accepted documentation amidst concerns about citizenship and the implementation of SIR.
