The Karnataka High Court has issued a directive to the State government seeking clarification on a recent government order that empowers district Wakf boards to issue marriage certificates to Muslim couples. The notice came in response to a Public Interest Litigation (PIL) filed by Alam Pasha, which challenges the legality of this order. Chief Justice NV Anjaria and Justice KV Aravind, presiding over the matter, have set a deadline of November 12 for the State to provide its response.
Alam Pasha’s PIL argues that the Wakf Act of 1995 does not authorize Wakf boards to issue marriage certificates, claiming that the government’s order from August of the previous year is both illegal and exceeds the powers granted to Wakf boards under the act. During the court proceedings, the Bench made an oral observation highlighting the absence of a legal basis for Wakf boards to issue marriage certificates, echoing the concerns raised in the PIL.
This issue was addressed by the Karnataka High Court in 2011, when it was established that Wakf boards do not have the authority to issue marriage certificates. Despite this ruling, the recent government order appears to reintroduce the practice, leading to the current legal challenge.
