SC orders all states, UTs to frame rules for registration of Sikh marriages in 4 months

The Supreme Court has ordered all States and Union Territories to frame and notify rules for the registration of marriages solemnized through the Sikh ceremony of Anand Karaj within four months. A bench of Justices Vikram Nath and Sandeep Mehta issued the order, emphasizing that in a secular republic, a citizen's faith should neither be a privilege nor a handicap. The Court's decision comes in response to a petition highlighting a decade of inaction by several states despite the 2012 amendment to the Anand Marriage Act.

The Court noted that while Parliament had amended the Anand Marriage Act in 2012 to include Section 6, which mandates the registration of Anand Karaj marriages, many states and UTs had failed to implement this rule. This has created a situation where Sikh couples do not have equal access to marriage certification, a right enjoyed by those who marry under other religious laws. The Court's order aims to rectify this disparity and ensure that the "promise is not half kept."

The petitioner, a Sikh, had earlier approached the Uttarakhand High Court and also made representations to other states and UTs. While the Uttarakhand High Court had directed its state government to frame rules, a majority of the other states had indicated continued inaction. This forced the petitioner to move the Supreme Court to seek a comprehensive directive.

To address the immediate issue, the Court has provided an interim solution. Until the new rules are framed, marriages performed through the Anand Karaj ceremony can be registered under existing marriage registration laws. Furthermore, the Court directed that upon request, authorities must specifically mention in the marriage certificate that the marriage was solemnized under the Sikh rite.

The Court's ruling also clarified a crucial point for states that already have rules in place under the Anand Marriage Act, 1909. It stated that no authority in these states can demand a duplicate registration for such marriages under other laws, such as the Hindu Marriage Act. This ensures that a single, unified registration process is followed, preventing bureaucratic hurdles for couples.