Prelims: Current events of national and international importance | Government policies and interventions
Why in News?
The Gujarat government’s move to mandate consent of parents for registration of a marriage flies in the face of constitutional rights of individuals that are routinely safeguarded by several court rulings.
- Registration Acts - Marriage registration is usually done under the Gujarat Marriage Registration Act, 2006 (or under the Special Marriage Act, 1954 for civil/inter-faith marriages).
- Proposed Amendments to Marriage Registration Rules (2026).
- Article 21 - It guarantees the protection of life and personal liberty; this right has been interpreted by the Supreme Court to include the freedom to choose a partner without external interference.
- High Courts also routinely protect couples seeking police protection from their families.
- Key Proposed Changes - Mandatory declaration about parents -
- Couples must state whether they have their parents about the marriage.
- Details such as parents’ Aadhaar, address and contact numbers must be submitted.
- Parental notification - The Assistant Registrar will officially notify parents (electronically or physically) within 10 working days after application acceptance.
- 30-day waiting period - Marriage registration will only be completed 30 days after application, allowing time for verification.
- Online portal - All details are to be uploaded on a government portal for transparency and record keeping.
- Purpose of the Amendments - The government says the changes aim to
- Prevent fraudulent marriages and exploitation
- Curb misuse of deceptive marriage certificates
- Enhance transparency in registration
- Related cases - Laxmibai Chandaragi B versus State of Karnataka – In 2021, the Supreme Court reiterated that the consent of the family or the community or the clan is not necessary for adults to marry.
- Shafi Jahan v KM Ashokan - In 2018, the Supreme Court, in a case of interfaith marriage that was challenged by the woman’s parents, had upheld an individual’s right to marry a person of one’s own choice as well as the right to choose a religion.
- Lata Singh v State of Uttar Pradesh - In 2006 ruling, the Supreme Court recognised the family as a site of violence and protected inter-caste marriages.
- Delhi High Court in 2009 and the Allahabad High Court in 2021 had even struck down the mandatory 30-day notice of a couple’s intention to marry under the Special Marriage Act, citing an invasion of privacy, even from family.
Reference
The Indian Express | Marriage registration in Gujarat
