Government Directs States and Union Territories to Issue Regulations for Recording Sikh Marriage Ceremonies
The Supreme Court of India has issued a landmark order, mandating several States and Union Territories to establish regulations for the registration of Anand Karaj, the Sikh marriage ceremony, within a period of four months. Justice N.M. Kasooria, presiding over the bench, made this decision in response to a plea seeking directions to ensure compliance with the duty to create a registration mechanism for Anand Karaj marriages. The bench, consisting of Justices Vikram Nath and Sandeep Mehta, emphasised the need for a process that ensures the route from rites to records is open, uniform, and fair for Sikh marriages. The court underlined the importance of harmonising Anand Karaj registration with existing civil marriage registration regimes. It highlighted that the absence of a registration mechanism for these ceremonies creates unequal outcomes for similarly placed citizens, as uneven access to the statutory facility for Anand Karaj registration can lead to disparities in treatment. The bench noted that the 1909 Anand Marriage Act, which was enacted to recognise the validity of marriages performed through Anand Karaj, has been amended in 2012. By the 2012 amendment, Parliament inserted Section 6, imposing a duty on States to make rules for registration, maintain a marriage register, and issue certified extracts for Sikh marriages. The court's September 4 order noted that although the law recognises Anand Karaj as a valid form of marriage, the absence of a registration mechanism meant the 'promise was only half kept.' It believes that in a secular framework, the law must provide a neutral and workable route for recording and certifying Anand Karaj marriages on par with other marriages. The bench also emphasised that the duty to create a registration mechanism is not contingent on the size of the beneficiary group in any jurisdiction. It stressed that in a secular republic, the state must not turn a citizen's faith into either a privilege or a handicap. It is important to note that no new information about Union Minister Meghwal or the Online Gaming Law was directly related to the Supreme Court's order on Anand Karaj registration. Similarly, no prior context was provided regarding any political party's comments on the matter. The petitioner submitted that several States and Union Territories had not yet complied with the duty to create a registration mechanism for Anand Karaj marriages. The bench ordered every State and Union Territory that has not yet notified rules under Section 6 to do so within four months. The court's order also underlined the importance of recording that the Anand Karaj ceremony was performed when registering marriages on the same footing as other marriages. It believes that this is essential for ensuring equal treatment and civil administration. The order comes at a time when the issue of religious freedom and equality under the law is a pressing concern in India. The Supreme Court's decision to direct States and Union Territories to register Anand Karaj marriages is a significant step towards ensuring that all citizens, regardless of their faith, are treated equally under the law.
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