Marriages, present 038; future, need to be registered: SC

All marriages, existing and future, will have to be registered, the Supreme Court said today, directing the Centre, all state governments an...

All marriages, existing and future, will have to be registered, the Supreme Court said today, directing the Centre, all state governments and Union Territories to suitably amend the rules to make this compulsory.

The bench of Justice Arijit Pasayat and Justice S H Kapadia directed the governments to frame and publicise these rules for all castes, communities and religious sects within three months and gave a month thereafter for the public for 8220;objections if any.8221;

The entire gamut of existing laws on marriage8212;for all communities8212;would remain intact and registration procedure and rules would be in addition to these.

The bench was ruling on a divorce proceeding by one Seema whose unregistered marriage with Ashwani Kumar put her in hardship and she wanted her divorce petition transferred to a different High Court. The apex court only took up the aspect of 8220;compulsory registration of marriages8221; and kept the transfer petition pending.

Asking the governments to ensure a uniform set of new rules, the bench directed that there should be provisions to deal with false declarations and consequences of non-registration. The rules should also make a provision for appointment of officers for the purpose, the court ruled. During the proceedings, the National Commission for Women NCW8212;asked for its views by the court8212;said that it favoured uniform compulsory registration of marriages.

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		nbsp;	8226; All marriages, of all castes, communities, religions, sects, existing and future, have to be registered. 8226; All existing laws will continue 8226; Governments to frame rules within 3 months. 8226; One month for public objections. 8226; Rules will specify consequences of non-registration and false declarations	nbsp;

The NCW also supplied the draft Bill prepared by it in the matter which was sent to the government for its persual.

In preparing the Bill, the NCW factored in the views of the National Commission for Minorities, the National Commission for Scheduled Castes and Scheduled Tribes, the National Commission for Backward Classes, practising lawyers, representatives of women8217;s organisations, academicians and social activists.

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The NCW had earlier stated that the Bill was drafted 8220;keeping in mind that the Act should be an enabling law rather than a punitive law8221; and 8220;caution has been taken not to disturb the existing laws relating to marriages8221;. However, the existing Special Marriages Act and other law for 8220;court marriages8221; between the same or different communities would continue and these would be registered as and when marriages take place.