New Delhi (Del), Sept 18: The Supreme Court has directed all states and union territories that have not yet notified rules under the Anand Marriage Act, 1909, to do so within four months to enable registration of Sikh marriages solemnised through Anand Karaj ceremonies.
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SC on Secular Framework
A bench of Justices Vikram Nath and Sandeep Mehta observed that in a secular framework, respect for religious identity must be balanced with civic equality. “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,” the order stated.
Need for Registration Rules
The court highlighted that while the 1909 Act, amended in 2012, recognised Anand Karaj as a valid form of marriage, many states had failed to frame the required rules for registration. “When the law recognises Anand Karaj as a valid form of marriage yet leaves no machinery to register it, the promise was only half kept,” the bench said, adding that ensuring a route from rites to records was essential.
Directions to States and Centre
The bench directed that every respondent state and UT must notify rules within four months. Until then, marriages solemnised through Anand Karaj must be registered under the existing marriage registration framework without discrimination.
The Centre was directed to act as the coordinating authority, circulate model rules compiled from compliant states within two months, and file a consolidated status report within six months. The court also clarified that “no application for registration of an Anand Karaj marriage or for a certified extract shall be refused on the sole ground that rules have not yet been notified.”
Specific Instructions to Goa and Sikkim
As an interim measure, Goa has been asked to ensure all civil registration offices receive and process applications for Anand Karaj marriages under existing frameworks, and to notify rules under Section 6 once the Act is extended to the state. Similarly, Sikkim has been directed to process registrations under its existing 1963 Rules until the 1909 Act is formally extended to the state under Article 371F(n) of the Constitution.
- Act involved: Anand Marriage Act, 1909 (amended in 2012)
- Key section: Section 6 – mandates states to frame registration rules
- SC directive: Notify rules within four months
- Centre’s role: Coordinate, issue model rules, and submit compliance report
- States highlighted: Goa and Sikkim given interim directions
Source: Agencies
Labels: Supreme Court, Anand Karaj, Sikh Marriage Act
Tags: #SupremeCourt #AnandKaraj #MarriageRegistration #SikhMarriageAct
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