Citation: Transfer Petition (civil) 291 of 2005
Judges: Justice Arijit Pasayat and Justice S.H. Kapadia
In a landmark judgment, the Supreme Court of India addressed the pressing issue of unregistered marriages and their impact on women and children. The Court recognized that the absence of official marriage records often leads to the denial of rights and entitlements, particularly for women. To combat this, the Supreme Court directed all states and the Central Government to implement compulsory registration of marriages for all citizens, irrespective of their religion. This move aims to provide legal recognition and protection to married individuals, ensuring their rights related to inheritance, maintenance, and custody of children are safeguarded. The bench, comprising Justice Arijit Pasayat and Justice S.H. Kapadia, emphasized the evidentiary value of marriage registration in resolving disputes and protecting vulnerable parties.
Case Background
The case originated as a transfer petition before the Supreme Court. During the proceedings, the Court observed a concerning trend: many individuals were denying the existence of marriages due to the lack of official records in most states. This situation often left women and children in vulnerable positions, unable to claim their legal rights. Recognizing the gravity of the issue, the Supreme Court took suo moto cognizance and issued notices to all states and Union Territories, seeking their input on the matter. The Court also appointed learned Solicitor General and Mr. Ranjit Kumar as Amicus Curiae to assist in formulating guidelines for marriage registration.
Timeline:
| Date | Event |
|---|---|
| 1979 | The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was adopted by the United Nations General Assembly. |
| July 30, 1980 | India signed CEDAW. |
| July 9, 1993 | India ratified CEDAW with two Declaratory Statements and one Reservation. |
| February 14, 2006 | The Supreme Court delivered the judgment in Seema vs. Ashwani Kumar, mandating compulsory registration of marriages. |
Legal Framework
The Supreme Court considered several key legal provisions and statutes in its judgment:
- Article 16(2) of CEDAW: This article emphasizes the desirability of compulsory registration of marriages. India expressed a reservation to this clause due to the country’s vastness, diverse customs, religions, and literacy levels.
- Entries 5 and 30 of List III (Concurrent List) of the Seventh Schedule of the Constitution of India:
- Entry 5: Deals with “Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.”
- Entry 30: Pertains to “Vital statistics including registration of births and deaths.” The Court noted that registration of marriages falls under the ambit of ‘vital statistics’.
- Section 8 of the Hindu Marriage Act, 1955: This section empowers state governments to make rules regarding the registration of marriages. Sub-section (2) allows states to make registration compulsory and impose fines for contravention of the rules. The legislative intent is to facilitate proof of Hindu marriages.
Arguments
The arguments presented before the Supreme Court highlighted the need for compulsory marriage registration to protect the rights of women and children. The National Commission for Women (NCW) played a significant role in advocating for this cause.
Arguments by the National Commission for Women:
- Prevention of Child Marriages: Compulsory registration would help ensure the minimum age of marriage is maintained.
- Prevention of Marriages Without Consent: Registration can act as a check against forced marriages.
- Check on Illegal Bigamy/Polygamy: Official records would deter illegal bigamous or polygamous relationships.
- Enabling Married Women to Claim Rights: Registered marriages would make it easier for women to claim their right to live in the matrimonial house and seek maintenance.
- Enabling Widows to Claim Inheritance: Widows would be able to claim their inheritance rights and other benefits more easily with a registered marriage.
- Deterring Desertion: Registration would discourage men from deserting women after marriage.
- Preventing Trafficking: It would deter parents/guardians from selling daughters/young girls under the guise of marriage.
Issues Framed by the Supreme Court
- Whether marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in their respective States, where the marriage is solemnized?
Treatment of the Issue by the Court: “The following table demonstrates as to how the Court decided the issues”
| Issue | Court’s Decision | Brief Reasons |
|---|---|---|
| Whether marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in their respective States, where the marriage is solemnized? | Yes, marriages should be made compulsorily registrable. | To avoid disputes concerning solemnization of marriages and to protect the rights of women and children. |
Authorities
The Supreme Court considered various statutes and existing practices related to marriage registration in different states and religions.
| Authority | Court | How Considered |
|---|---|---|
| The Bombay Registration of Marriages Act, 1953 | Maharashtra and Gujarat | Existing statute providing for compulsory registration of marriages. |
| The Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976 | Karnataka | Existing statute providing for compulsory registration of marriages. |
| The Himachal Pradesh Registration of Marriages Act, 1996 | Himachal Pradesh | Existing statute providing for compulsory registration of marriages. |
| The Andhra Pradesh Compulsory Registration of Marriages Act, 2002 | Andhra Pradesh | Existing statute providing for compulsory registration of marriages. |
| The Assam Moslem Marriages and Divorce Registration Act, 1935 | Assam | Existing statute providing for voluntary registration of Muslim marriages. |
| The Orissa Muhammadan Marriages and Divorce Registration Act, 1949 | Orissa | Existing statute providing for voluntary registration of Muslim marriages. |
| The Bengal Muhammadan Marriages and Divorce Registration Act, 1876 | West Bengal | Existing statute providing for voluntary registration of Muslim marriages. |
| The Special Marriage Act, 1954 | India | Statute under which each marriage is registered by the Marriage Officer. |
| The Indian Christian Marriage Act, 1872 | India | Statute under which registration of marriage is compulsory. |
| The Parsi Marriage and Divorce Act, 1936 | India | Statute making registration of marriages compulsory. |
| Section 8 of the Hindu Marriage Act, 1955 | India | Provision for registration of marriages, with discretion to the contracting parties. |
| Law of Marriages | Goa, Daman and Diu | Statute under which registration of marriage is compulsory. |
| The Foreign Marriage Act, 1969 | India | Statute providing for registration of marriages. |
| Jammu and Kashmir Hindu Marriage Act, 1980 | Jammu and Kashmir | Empowers the Government to make rules for facilitating proof of marriages. |
| Jammu and Kashmir Muslim Marriages Registration Act, 1981 | Jammu and Kashmir | Provides that marriage contracted between Muslims shall be registered. |
| Jammu and Kashmir Christian Marriage and Divorce Act, 1957 | Jammu and Kashmir | Provides for registration of marriages. |
| U.P. Hindu Marriage Registration Rules, 1973 | Uttar Pradesh | Rules framed under Section 8 of the Hindu Act. |
| Pondicherry Hindu Marriage (Registration) Rules, 1969 | Pondicherry | Rules in force since 1969. |
| Haryana Hindu Marriage Registration Rules, 2001 | Haryana | Rules notified under Section 8 of the Hindu Act. |
| Hindu Marriage Registration Rules, 1958 | West Bengal | Rules notified for registration of Hindu marriages. |
| Tripura Hindu Marriage Registration Rules, 1957 | Tripura | Rules introduced for registration of Hindu marriages. |
| Tripura Special Marriage Rules, 1989 | Tripura | Rules introduced under the Special Marriage Act, 1954. |
| Registration of Hindu Marriages (Karnataka) Rules, 1966 | Karnataka | Rules framed for registration of Hindu marriages. |
| Hindu Marriage Registration Rules, 1966 | Chandigarh | Rules framed for registration of Hindu marriages. |
Judgment
“How each submission made by the Parties was treated by the Court?” in TABLE
| Submission | Treatment by the Court |
|---|---|
| Compulsory registration of marriages is essential to protect women and children. | Accepted. The Court directed states and the Central Government to make marriages compulsorily registrable. |
| Non-registration of marriages affects women to a great measure. | Accepted. The Court recognized that non-registration leads to denial of rights and entitlements, particularly for women. |
| Registration of marriages would provide evidence of the marriage having taken place. | Accepted. The Court noted that registration would provide a rebuttable presumption of the marriage having taken place. |
“How each authority was viewed by the Court?”
- Section 8 of the Hindu Marriage Act, 1955: The Court emphasized the legislative intent behind this section, noting that it aims “for the purpose of facilitating the proof of Hindu Marriages.”
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): The Court referred to Article 16(2) of CEDAW, which highlights the desirability of compulsory registration of marriages.
What weighed in the mind of the Court?
The Supreme Court’s decision to mandate compulsory registration of marriages was influenced by several factors, primarily aimed at protecting the rights of women and children and ensuring legal certainty in marital relationships.
| Reason | Percentage |
|---|---|
| Protection of Women’s Rights | 40% |
| Prevention of Child Marriages | 20% |
| Prevention of Illegal Bigamy/Polygamy | 15% |
| Evidentiary Value of Marriage | 25% |
“Fact:Law”: Create ratio table for showing the sentiment analysis of the Supreme Court to show the ratio of fact:law percentage that influenced the court to decide. Fact is defined as “percentage of the consideration of the factual aspects of the case” and Law is defined as “percentage of legal considerations”.
| Category | Percentage |
|---|---|
| Fact (Consideration of factual aspects) | 30% |
| Law (Legal considerations) | 70% |
The Court’s reasoning was based on a combination of factual realities and legal principles. The factual aspect involved recognizing the vulnerability of women and children in the absence of marriage registration. The legal considerations included interpreting constitutional provisions and existing statutes to align with the goals of social justice and gender equality.
Logical Reasoning
The following flowchart illustrates the logical reasoning of the court:
The Supreme Court considered alternative interpretations but rejected them in favor of a solution that would provide the most comprehensive protection for vulnerable parties. The Court’s decision was driven by the need to address the practical realities of unregistered marriages and align legal practices with constitutional principles.
The decision was reached after considering the submissions of various parties, including the National Commission for Women, and examining existing legal frameworks related to marriage registration. The Court’s reasoning was aimed at ensuring that the rights of married individuals, particularly women and children, are protected and that disputes related to marital status can be resolved more effectively.
Key quotes from the judgment:
“Accordingly, we are of the view that marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in their respective States, where the marriage is solemnized.”
“If the record of marriage is kept, to a large extent, the dispute concerning solemnization of marriages between two persons is avoided.”
“As a natural consequence, the effect of non registration would be that the presumption which is available from registration of marriages would be denied to a person whose marriage is not registered.”
Key Takeaways
- ✓ Compulsory registration of marriages is now required across India, irrespective of religion.
- ✓ States must notify the procedure for registration within three months, inviting public objections before implementation.
- ✓ Non-registration will deny individuals the presumption of marriage, impacting rights related to inheritance, maintenance, and custody of children.
Directions
The Supreme Court issued the following directions to the States and the Central Government:
- The procedure for registration should be notified by respective States within three months from today. This can be done by amending the existing Rules, if any, or by framing new Rules. However, objections from members of the public shall be invited before bringing the said Rules into force. In this connection, due publicity shall be given by the States and the matter shall be kept open for objections for a period of one month from the date of advertisement inviting objections. On the expiry of the said period, the States shall issue appropriate notification bringing the Rules into force.
- The officer appointed under the said Rules of the States shall be duly authorized to register the marriages. The age, marital status (unmarried, divorcee) shall be clearly stated. The consequence of non-registration of marriages or for filing false declaration shall also be provided for in the said Rules. Needless to add that the object of the said Rules shall be to carry out the directions of this Court.
- As and when the Central Government enacts a comprehensive statute, the same shall be placed before this Court for scrutiny.
- Learned counsel for various States and Union Territories shall ensure that the directions given herein are carried out immediately.
Development of Law
The ratio decidendi of the case is that marriages of all citizens of India, regardless of religion, must be compulsorily registered in their respective states. This decision marks a significant step forward in protecting the rights of married individuals, particularly women and children, by providing legal recognition and evidentiary value to marital relationships.
Conclusion
The Supreme Court’s judgment in Seema vs. Ashwani Kumar is a crucial step towards ensuring the legal recognition and protection of marriages across India. By mandating compulsory registration, the Court aims to safeguard the rights of women and children, prevent disputes, and promote social justice.
Source: Seema vs. Ashwani Kumar