In a recent development, the Delhi High Court expressed strong dissatisfaction with the Union and Delhi Governments over their failure to comply with a Supreme Court directive mandating the compulsory registration of all marriages, irrespective of religious affiliation. This directive, originating from the 2006 Supreme Court judgment in Seema v. Ashwani Kumar, requires that marriages across various religious denominations be registered in the respective states where they are solemnized.
During the hearing of a Public Interest Litigation (PIL) filed by Aakash Goel, the division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela criticized the authorities for their inaction, stating, "This is pathetic actually…It is appalling as to how you are not implementing the order of the Supreme Court." The PIL seeks the creation of rules for a centralized database of marriage registrations to streamline the process and ensure compliance with the Supreme Court's mandate.
In response to the PIL, the High Court issued notices to both the Union Ministry and the Delhi Government, directing them to take appropriate steps to ensure adherence to the Supreme Court's directives. The court granted a three-month period for these authorities to implement the necessary measures and scheduled the next hearing for July 9, by which time they are expected to report on their compliance efforts.
The lack of a centralized and efficient mechanism for marriage registration has led to various challenges for citizens, including difficulties in obtaining visas and asserting rights that depend on official recognition of marriage. The PIL emphasizes that the existing infrastructure is inadequate and fails to fulfill the objective of compulsory marriage registration. It also highlights the need for a centralized database to provide accurate information about individuals' marital status, which is crucial for various legal and administrative processes.
The Delhi Government had previously issued the Delhi (Compulsory Registration of Marriage) Order in 2014 to enforce the mandatory registration of marriages. However, the implementation of this order has been inconsistent, leading to the current judicial scrutiny. The High Court's recent directive aims to reinforce the importance of this order and ensure that all marriages, regardless of religious denomination, are duly registered.
In a related development, the Delhi High Court had earlier directed the Delhi Government to facilitate the registration of marriages for Muslims and Christians under the 2014 order. The court observed that the absence of proper infrastructure perpetuates difficulties in fulfilling legal obligations and accessing rights dependent on official marriage recognition. The court instructed the Information Technology Department and the Marriage Branch of the Revenue Department to take immediate steps to enable the registration of such marriages on the Delhi government's online portal.
Furthermore, the High Court has acknowledged the evolving technological landscape and the role of video conferencing in administrative processes. In a landmark decision, the court ruled that marriages can be registered in the virtual presence of parties, noting that a rigid interpretation of the law should not prevent citizens from exercising their rights. This ruling came in response to a plea by a U.S.-based Indian couple seeking to register their marriage through video conferencing, as they were unable to travel to India due to the COVID-19 pandemic.
The court emphasized that the term "personal appearance" in the Delhi (Compulsory Registration of Marriage) Order, 2014, should be interpreted to include presence secured through video conferencing. This interpretation aligns with the current technological advancements and ensures that citizens can exercise their rights without unnecessary hindrances. The court's decision underscores the need for administrative authorities to adapt to changing times and leverage technology to facilitate essential services like marriage registration.
The ongoing judicial interventions highlight the critical importance of compulsory marriage registration in India. They reflect the judiciary's commitment to ensuring that legislative mandates are effectively implemented and that citizens can access their rights without undue obstacles. As the July 9 deadline approaches, it remains to be seen how the Union and Delhi Governments will respond to the High Court's directives and what measures will be put in place to establish a robust and centralized marriage registration system.
In conclusion, the Delhi High Court's recent actions serve as a reminder of the judiciary's role in upholding legal mandates and protecting citizens' rights. The emphasis on compulsory marriage registration, adaptation to technological advancements, and the establishment of a centralized database are pivotal steps toward a more efficient and transparent administrative framework. These measures are expected to alleviate the challenges faced by individuals in obtaining official recognition of their marriages and accessing related legal benefits.
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