The Delhi High Court, expressing dissatisfaction over the non-implementation of the Supreme Court’s 2006 directive, has ordered the Central and Delhi governments to ensure compulsory registration of all marriages within three months. The directive from Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela came amid concerns that the longstanding order has been largely ignored by administrative bodies.
The Supreme Court’s decision in February 2006 mandated that all marriages, regardless of religious or personal beliefs, should be registered to ensure a uniform civil code of administration. This move aimed to safeguard the rights of spouses and ensure better implementation of laws related to marriage. Following this, the Delhi government established the “Delhi (Compulsory Registration of Marriage) Order, 2014,” outlining procedures for mandatory marriage registration.
However, deficiencies in the execution of these rules were highlighted by petitioner Aakash Goel, who argued that the current mechanisms were inadequate and failed to meet the Supreme Court’s intentions. Goel’s petition stressed that the lack of a centralized database for marriage registrations across states could lead to legal ambiguities and was insufficient for ensuring transparency and accountability in marital registrations.
The high court criticized the existing framework, describing the government’s efforts as “pathetic” and “appalling,” and stressed the urgency of establishing a robust system for marriage registration. The bench emphasized the need for legislative action, not just executive rules, to fulfill the Supreme Court’s vision.
During the hearing, when the Delhi government’s counsel insisted that appropriate rules had been framed, the high court countered that these measures were merely executive and lacked the legislative backing necessary to make them effective. The judges pointed out the critical need for rules that respond to the public’s needs and facilitate the smooth registration of marriages.
The petition also called for the Ministry of Home Affairs to develop a centralized database for marriage registrations to prevent individuals from registering marriages in multiple states. This central database would also be accessible to citizens, providing transparency and preventing potential legal conflicts.
Additionally, the plea seeks modifications to the 2014 order to allow for the online registration of marriages, which would include the virtual presence of the married couple and witnesses, adapting the registration process to modern technological standards.
