Marriage by Permission? Why Gujarat’s Proposal Raises Red Flags

It is widely reported that the Gujarat government is proposing to amend the Gujarat Registration of Marriages Act, 2006, by making parental involvement a mandatory part of the marriage registration process. At present, the 2006 Act provides that the parties to a marriage shall prepare a memorandum in the form specified in the Act itself and shall deliver or send by registered post the said memorandum in duplicate to the Registrar of the area where the marriage is contracted, within a period of 30 days from the date of the marriage. The form and procedure prescribed under the Act do not mandate disclosure of intimation to the parents of the bride and groom, nor do they require submission of Aadhaar details, address proof, or contact numbers of parents.Gujarat Govt Proposes Mandatory Parental Consent for Marriage RegistrationEvery memorandum must be signed by the parties to the marriage, the priest, and the witnesses, and must be accompanied by the prescribed fee.The Act also confers power on the Registrar to decline registration of a marriage if satisfied that:The marriage between the parties is not performed in accordance with the personal law of the parties; orThe identity of the parties or the witnesses or the persons testifying to the identity of the parties and the solemnisation of the marriage is not established beyond a reasonable doubt; orThe documents tendered before him do not prove the marital status of the parties. Importantly, Section 13 makes it clear that no marriage contracted in the State shall be deemed to be invalid solely by reason of the fact that it was not registered under this Act or that the memorandum was not delivered or sent to the Registrar or that such memorandum was defective or incorrect.It is reported that the government is proposing amendments to the 2006 Act along the following lines:Every marriage registration application must be submitted before an Assistant Registrar, along with a declaration stating whether the bride and groom have informed their parents about the marriage.Applicants would also have to provide the names, addresses, Aadhaar details, and contact information, including contact number of their parents.Upon being satisfied with the application, the Assistant Registrar is required to officially notify the parents of both the bride and groom via electronic means (WhatsApp/SMS) or physical notice. The application will then be forwarded to the Registrar of the concerned district or taluka.The marriage will be registered after 30 days if all requirements are met. All details, including witness information and wedding photos, will uploaded to a government portal proposed to be created for the purpose, citing transparency to be the objective behind such uploading.Officials said objections and suggestions from the public have been invited for 30 days through the Health and Family Welfare Department’s website, after which the final rules will be notified.How Special Marriage Act Is Proving Fatal for Interfaith MarriagesThe amendment is ostensibly aimed at curbing what the government term "love jihad." Gujarat Deputy Chief Minister Harsh Sanghavi announced that the state government intends to change the marriage registration procedure to prevent misuse by “anti-social elements”, alluding to those who allegedly conceal their identity to “trap daughters of Gujarat” for "love jihad."Such rhetoric reflects deep-seated patriarchy, implying that women are incapable of exercising independent agency.A marriage is solemnised either under the respective personal laws (where both parties should be of the same faith) or under the Special Marriage Act, which accommodates inter-faith marriages without either spouse having to change their religion.It seems this proposed amendment is targeted against inter-faith couples who choose to marry under personal law in which one party adopts the religion of the other against the wishes of their parents. After all, if one were to marry under the Special Marriage Act, the registration itself constitutes performance of the marriage. This differs from marriages conducted under personal laws, where rituals and ceremonies complete the marriage and registration merely records it.Importantly, the Special Marriage Act itself contains a provision mandating that when a marriage is intended to be solemnised under it, a notice is to be given to the Marriage Officer, who will, in turn, publish it, inviting objections from any person. The Allahabad High Court in 2021 held that such a requirement cannot be mandatory, lest it would invade the fundamental rights of liberty and privacy—including within its sphere the freedom to choose a partner for marriage without interference from state and non-state actors—of the persons concerned.The Special Marriage Act thus covers its own field. As noted above, it is quite apparent that the proposed amendment to the Gujarat Registration of Marriages Act, 2006, is solely intended against couples who perform their wedding under personal laws without parental knowledge and thus are vulnerable. Inadvertently, the amendment also creates difficulties for orphans and those with deceased parents.Notably, in most Indian laws, "Guardian" is used as a substitute for "Parent." However, the current proposal emphasises biological parental involvement to prevent "elopements."Under the Constitution, an individual has an absolute right to choose a life partner and the manner of leading their life. Making the registration of marriage subject to the consent of parents is an unwarranted invasion of the privacy and choice of two consenting adults. Moreover, the privacy of the parents and witnesses whose documents and details will be uploaded on a portal will also be put at risk as if the government decided to make the portal a “searchable public database”. Non-registration of a marriage does not make it invalid, but it creates procedural hurdles. Registration of a marriage is a reaffirmation of an affirmed marriage. However in certain circumstances, specifically when the legality of the marriage itself is under question, the registration certificate acts as an essential document to establishing proof of marriage. Moreover, while the marriage might be "valid" in a courtroom for a divorce or maintenance case, the lack of a registration certificate creates practical "voidness" in daily life. For example, if a couple is legally married but the state refuses to register it because of parental objections, the marriage remains valid, but the couple cannot get a marriage certificate. This certificate is essential for passports, visas, joint bank accounts, and insurance etc.In Seema vs. Ashwini Kumar, the Supreme Court of India observed that in a large number of cases, some unscrupulous persons had been denying the existence of marriage, taking advantage of the situation that in most of the States there is no official record of the marriage. It was also observed by the Supreme Court that non-registration of marriages affects women to a great measure. If the marriage is registered, it also provides evidence of the marriage having taken place and would provide a rebuttable presumption of the marriage having taken place.The State, by making the registration of marriage contingent on the consent of parents, is not only invading their private sphere but also seeks to erase the proof of marriage, which in turn has great disadvantages, especially for women, in matters of custody of children, maintenance, and inheritance.Can such a procedure be termed just, fair, and reasonable? The answer is unequivocally no.Firstly, mandating parental consent for marriage registration serves no legitimate or reasonable purpose when the individuals are consenting adults. They are legally competent and possess full autonomy to marry whomever they choose. Using parental objections as a ground to delay or deny registration, the objective of the amendment moves from "procedural transparency" to "legal gatekeeping," which has no basis in the primary marriage acts of India.Secondly, when the consent of parents is not needed to marry even under the personal laws and action of taking the consent of parents is at best a part of a practice, one wonders what purpose it will serve to make it mandatory or to inform them of the wedding for the purpose of registration of marriage.Thirdly, the procedure is not protective or facilitative. It is obstructive and fraught with risk to the life and liberty of the couple. The procedure as proposed transforms it into a barrier that invites interference, harassment, or violence. Inter-faith and inter-caste couples are already among the most vulnerable in India, often facing intimidation, forced separation, or even honour killings from family or community members.The proposed amendment disproportionately disadvantages vulnerable inter-faith and inter-caste couples and also offshoots into creating hinderance for orphans and people with deceased parents to get a registration certificate. Such a procedure cannot be considered just, fair, or reasonable. Rather, it represents a regressive measure, inviting invasion into the privacy, life, and liberty of two consenting adults.(Paras Nath Singh is an Advocate-on-Record at the Supreme Court of India. Aanchal Singh is a practising advocate before the Delhi Courts and a partner with Multi-State Collaborative Legal. This is an opinion piece and the views expressed above are the author’s own. The Quint neither endorses nor is responsible for them.)

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Gujarat’s Marriage Amendment Proposal and the Question of Adult Autonomy

Mandating parental consent serves no legitimate or reasonable purpose when the individuals are consenting adults.

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Topics: Marriage Gujarat Special Marriage Act