The Supreme Court of India, in a significant order, has directed all States and Union Territories that have not yet framed rules under the Anand Marriage Act, 1909, to do so within four months. A bench comprising Justice Vikram Nath and Justice Sandeep Mehta, hearing a Public Interest Litigation, mandated that until such rules are notified, all marriages solemnised under the Sikh rite of ‘Anand Karaj’ must be registered under existing legal frameworks without discrimination.
The judgment began with the observation, “The fidelity of a constitutional promise is measured not only by the rights it proclaims, but by the institutions that make those rights usable. In a secular republic, the State must not turn a citizen’s faith into either a privilege or a handicap.”
Background of the Case
The writ petition was filed by Amanjot Singh Chadha under Article 32 of the Constitution, seeking a mandamus to direct States and Union Territories to notify rules under Section 6 of the Anand Marriage Act, 1909, as amended in 2012. The 2012 amendment introduced Section 6, which obligates State Governments to make rules for the registration of Anand Karaj marriages.
The petitioner submitted that despite the parliamentary mandate, several states had failed to frame the necessary rules, creating a lack of uniform access to the statutory facility. Before approaching the Supreme Court, the petitioner had filed a PIL before the High Court of Uttarakhand, which had directed the state to frame the rules. Subsequently, the petitioner sent representations to various other states and UTs but was aggrieved by the continued non-implementation of the law, prompting the present petition.
Court’s Analysis of Statutory Duty
The Supreme Court examined Section 6 of the Act and found it to cast a “positive duty on every State Government to create a workable registration machinery for Anand Karaj marriages.” The bench held that the provision is “cast in the imperative” and its purpose is facilitative.
The Court noted that the legislative scheme was complete and self-sufficient. It pointed to Section 6(3), which clarifies that non-registration does not invalidate the marriage, and Section 6(5), which states that registration under this Act obviates the need for registration under any other law. The judgment stated, “A failure to make rules therefore withholds the very evidentiary and administrative benefits that Parliament has conferred and frustrates the uniform facility the 2012 amendment was designed to secure.”
The judgment underscored the civil importance of marriage registration, observing that it “enables proof of status for residence, maintenance, inheritance, insurance, succession and the enforcement of monogamy, and it particularly safeguards the interests of women and children.” The Court concluded that “uneven access to a statutory facility across States and Union Territories produces unequal outcomes for similarly situated citizens.”
Final Directions Issued by the Court
Disposing of the writ petition, the Supreme Court issued a comprehensive set of directions to ensure time-bound compliance and provide immediate relief.
General Directions for all States and UTs:
- States and UTs that have not yet notified rules under Section 6 must do so within four months.
- With immediate effect, and until rules are framed, marriages solemnised by Anand Karaj must be registered under the prevailing marriage-registration framework without discrimination. If requested, the certificate must record that the ceremony was by the Anand Karaj rite.
- States that have already notified rules must issue a clarificatory circular within three months, detailing the process, and ensure no authority insists on duplicative registration under another law.
- A Secretary-level Nodal Officer must be designated within two months in each State/UT to oversee compliance.
- The Union of India is to act as the coordinating authority, circulate model rules to states seeking guidance, and submit a consolidated status report to the Court within six months.
- No application for registration of an Anand Karaj marriage shall be refused on the sole ground that specific rules have not been notified.
Specific Directions for Goa and Sikkim:
The Court also issued specific directions for Goa and Sikkim, taking into account their unique statutory arrangements. It directed the Union of India to take steps to extend the Anand Marriage Act, 1909 to these states within four months, following which the respective state governments must frame and notify the rules. In the interim, both states are directed to register Anand Karaj marriages under their existing civil registration frameworks.
All respondent states and the Union of India are required to file compliance affidavits within the timelines stipulated in the order.
