The Gujarat government has introduced potential changes to the state’s marriage registration framework, which would necessitate that couples inform their parents before proceeding with a union. These changes, brought forth under the Gujarat Registration of Marriages Act, will require individuals to declare whether parental notification has been completed during the marriage registration process. Additionally, local authorities will be mandated to inform parents about the marriage when registration occurs.

The announcement, made in the state Assembly, reflects the government’s intention to enhance regulations surrounding marriage registration, particularly in cases of elopement and alleged instances of “love jihad.” Deputy Chief Minister and Home Minister Harsh Sanghavi, who disclosed the proposals, emphasized that these issues are a growing concern, claiming that “innocent girls are being trapped” in deceptive practices that proliferate in society.

Legal Concerns and Individual Rights

The proposed regulations may face legal challenges, as previous rulings from the Supreme Court have emphasised the fundamental right of two consenting adults to marry, underscoring individual autonomy. The landmark Hadiya case from Kerala, which involved a woman named Akhila (later known as Hadiya) who married Shafin Jahan, reaffirmed this right.

The Supreme Court stipulated that decisions regarding marriage fall outside state control, allowing mature individuals the freedom to select their partners, regardless of parental opinions or conflicts. Following the 2018 verdict, many individuals have referenced the Hadiya ruling in opposition to the new regulations put forth by the Gujarat government.

Details of the Proposed Changes

According to the draft regulations released by the minister’s office, any application for marriage registration must be submitted to an Assistant Registrar, along with a statement confirming whether both the bride and groom have informed their parents. Furthermore, applicants will be required to provide detailed information about their parents, including names, addresses, Aadhaar numbers, and contact details. When the Assistant Registrar deems the application satisfactory, parents will be notified within ten working days. Subsequently, the application will be sent to the district or taluka Registrar, where the marriage will be registered after a 30-day waiting period, assuming all criteria are met.

Information regarding the marriage will also be uploaded to a government portal set for this purpose. The government has invited public feedback for a duration of 30 days through the Health and Family Welfare Department’s official website, after which the final draft of the rules will be announced.

Government’s Perspective on Marriage Practices

Minister Harsh Sanghavi articulated that the government does not oppose love but intends to take a firm stance against fraudulent practices that could undermine genuine relationships. He remarked that marriage is an important institution deeply rooted in Indian culture, and that deceitful actions involving false identities could lead to significant cultural and social ramifications. He asserted that the government’s position is clear and reiterated that serious action would follow against anyone attempting to exploit another’s trust by misrepresenting themselves.

The Hadiya Ruling and Its Implications

The marriage of Hadiya and Shafin Jahan ignited a nationwide discussion surrounding the concept of “love jihad” and prompted an investigation by the National Investigation Agency (NIA). Eventually, the Supreme Court upheld the couple’s right to marry in 2018, which had been previously annulled by the Kerala High Court. The ruling emphasised that an adult woman possesses full autonomy over her choices and decisions concerning marriage. A bench led by then Chief Justice Dipak Misra along with Justices AM Khanwilkar and DY Chandrachud collectively maintained that personal freedom is pivotal in marriage matters. The court rejected allegations of coercion linked to faith and stated that individual beliefs are essential to personal identity, underscoring that no authority can infringe upon these fundamental rights.

The Gujarat government indicated it would finalize its approach to the proposed amendments after careful consideration of public feedback received during the consultation process.

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