The Gujarat government, led by Deputy Chief Minister Harsh Sanghavi, has introduced a proposal aimed at amending marriage registration rules. The proposed changes require couples to inform their parents before officially registering their marriage. This legislative move has garnered support from the Aam Aadmi Party (AAP), while the Indian National Congress has refrained from making any public statements regarding it. Legal experts have raised concerns about the potential violation of constitutional rights that these amendments may entail.

New Requirements for Marriage Registration

According to the draft rules presented in the assembly on Friday, couples wishing to register their marriage will need to submit an undertaking that confirms whether they have notified their parents about their decision. The assistant registrar will then be responsible for informing the parents of both parties electronically, which may include notifications via WhatsApp, or through traditional physical communication. After a verification process, the marriage registration is expected to be completed within 30 days, with all pertinent details uploaded to a government portal.

Government’s Justification for the Proposal

Deputy CM Harsh Sanghavi emphasized that the government does not oppose love marriages but expressed concern about deceptive practices under the guise of mutual consent. He highlighted cases where young women were allegedly misled in marriage situations, citing incidents from Panchmahal district where nikaah certificates were reportedly issued in villages lacking mosques or Muslim families. Sanghavi referenced villages like Kankodakui and Nathkuva, where numerous such certificates were allegedly distributed by village panchayat secretaries.

Support from AAP and Community Organizations

During assembly discussions, AAP legislator Hemant Ahir, who previously proposed a private member’s bill with similar objectives, praised the government’s initiative. He underscored the necessity for updating the rules, which he claimed had significant loopholes. Additionally, BJP MLA Lavingji Thakor, a notable advocate for stricter regulations, asserted that the changes would be beneficial for families across all communities. Various community organizations, including those representing the Patidar and Kshatriya Thakor groups, have long advocated for mandatory parental notification in love marriages.

Concerns from Legal Experts

Despite the proposal’s support, legal experts have voiced apprehensions regarding its constitutionality. Advocate Mahesh Baria stated that the initiative infringes on fundamental rights guaranteed under Article 21 of the Indian Constitution. Fellow legal expert Nilesh Bhavsar noted that while the government framed the ruling as a mere formality aimed at informing parents, the possibility of parental objections affecting the registration process could lead to legal challenges.

Long or Short, get news the way you like. No ads. No redirections. Download Newspin and Stay Alert, The CSR Journal Mobile app, for fast, crisp, clean updates!

App Store –  https://apps.apple.com/in/app/newspin/id6746449540 

Google Play Store – https://play.google.com/store/apps/details?id=com.inventifweb.newspin&pcampaignid=web_share