Supreme Court orders to frame rules for Anand Karaj Marriage Registration within 4 months

The bench of Justice Vikram Nath and Justice Sandeep Mehta said that in a secular republic, the state should not turn a citizen’s faith into a privilege or a hindrance. They also said that when the law recognizes Anand Karaj as valid, but there is no mechanism for registration, it is tantamount to a half-hearted promise.

New Delhi: The Supreme Court has directed states and union territories to initiate the process for registration of Anand Karaj marriages, or Sikh marriages. The apex court has ordered all states to notify marriage registration rules within four months so that marriages solemnized through Anand Karaj can be registered and certified on par with other marriages.

Right to Equality Under Secularism

The bench of Justice Vikram Nath and Justice Sandeep Mehta said that in a secular republic, the state should not turn a citizen's faith into a privilege or a hindrance. They also said that when the law recognizes Anand Karaj as valid, but there is no mechanism for registration, it is tantamount to a half-hearted promise. Therefore, the process from solemnization of marriage to registration must be uniform, fair, and practical.

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Importance of Anand Karaj Marriage Act, 1909

The bench pointed out that under the Anand Karaj Marriage Act, 1909 (Amendment 2012), states are mandated to formulate rules for the registration of such marriages, maintain registers, and issue certified extracts. While many states have notified the rules, some are yet to do so. The Supreme Court stated that every state should develop a registration mechanism as soon as possible, regardless of the size of the Sikh community.

Order to Remove Inequality in Registration

The bench stated that the availability of registration is directly linked to equal treatment and orderly civil administration. Unequal registration systems create inequality among citizens of similar status. Therefore, where a common civil marriage registration framework exists, Anand Karaj marriages should also be registered in the same manner.

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Center Directed to Create Coordinating Authority

The Supreme Court directed the Center to act as a coordinating authority and to compile and circulate within two months the model rules of the states that have notified registration rules. The Center will also be required to submit a compliance report from all states and union territories within six months.

Special Order For Goa and Sikkim

The bench ordered Goa, Daman, and Diu to notify marriage registration rules within four months. Sikkim has also been directed to accept and process Anand Karaj marriage registrations without discrimination. The Center has also been asked to submit a proposal to extend the Act to Sikkim within four months.