In a significant ruling, the Karnataka High Court has temporarily halted the Government Order (GO) that had enabled the Karnataka State Board of Waqf and its district officers to issue marriage certificates to Muslim couples. This order, issued on August 30, 2023, has been stayed pending further review.
The decision came from a bench comprising Chief Justice NV Anjaria and Justice KV Aravind during the hearing of a Public Interest Litigation (PIL) initiated by Alam Pasha. The petitioner challenged the legality of the GO which was introduced by the Under Secretary of the Minority, Waqf, and Haj Department of the State Government.
The court issued notices to the Karnataka State Board of Waqf, requiring a response by December 7, the scheduled next hearing. The contention revolves around the claim that the Waqf Act of 1995 does not empower the board or its officers to issue marriage certificates, a function not related to the management of Waqf properties.
Historically, Kazis, under the Kazi Act of 1988, would issue marriage certificates, a practice halted when the Act was repealed in 2013. The recent GO was ostensibly issued to aid Muslims facing difficulties obtaining marriage certificates when traveling abroad shortly after marriage.
However, the court underscored that such provisions could not be justified when they exceed the statutory limits of the Waqf Act. According to the court, the Act’s provisions focus solely on the administrative and management aspects of Waqf properties and do not extend to issuing marriage certificates.
The State argued the necessity of the GO citing the difficulties faced by the community, but the High Court maintained that these issues do not warrant overstepping legal boundaries set by the Waqf Act.
