A bride and groom in Ranchi.(HT File Photo)
A bride and groom in Ranchi.(HT File Photo)

Registration of marriage should be made compulsory: Law Commission

In its report to the Law ministry, the panel said in the absence of compulsory registration, women are duped into marrying without performance of the conditions of a valid marriage. Also, if registration is linked to the unique identification number (UID), it would be possible to achieve universal tracing of records.
By HT Correspondent | HT Correspondent, New Delhi
UPDATED ON JUL 04, 2017 11:34 PM IST

Registration of marriages should be made compulsory under law to prevent marriage frauds, bigamy, child marriages and desertions of women by their husbands, the Law Commission of India has told the government.

In its report submitted to the law ministry on Tuesday evening, the law panel, while recommending that registration be legally mandated with a fine for non-compliance within 30 days, also advised the government against making changes to existing personal laws.

Registration is already mandatory in certain states and Union Territories.The panel has recommended amending the Registration of Births and Deaths Act, 1969, to include marriages.

However, it clarified that the proposal wouldn’t impinge on any personal laws.

“Thus, while Bill does not aim at eliminating the diversity of personal laws, or regional differences seeking merely the registration of marriages regardless of the law under which the marriages are recognised or solemnised, it recommends that these various overlapping and contradicting legislations be borne in mind while framing the rules of registration,” said the report.

The Commission suggested that the time limit to register marriages should be restricted to 30 days after which a penalty of 5 per day could be imposed.

If the birth, marriage or death is not registered within the specified time limit, for one year, it could be done only with the written permission of the prescribed authority and after that, only on an order of a First Class Magistrate, the Commission recommended.

“Going forward, the non-registration of a marriage can be linked to property rights like in case of Goa to ensure better compliance,” a Law Commission official said. He added that the law will not interfere with the existing personal laws of any community or “disturb any existing rights”.

Registering marriages is a necessary reform and in its absence, women in particular can become victims of fraud, the Commission has said.

“This deprives women of societal recognition and legal security. Such fraudulent marriages are especially on rise among Non-Resident Indians. Compulsory registration can serve as a means to ensure that conditions of a valid marriage have been performed,” the report said.

Referring to repeated judgments by courts emphasising making registration of marriages compulsory to prevent denial of legal marital status to women, the panel observed, “Instances of marriage fraud have also come to light in recent times. In the absence of compulsory registration, women are duped into marrying without performance of the conditions of a valid marriage,” it said.

In 2006, the Supreme Court in the Ashwani Kumar case had observed that marriages of all persons who are citizens of India belonging to various religions should be registered compulsorily in their respective states where the marriage is solemnised.

The law panel has asked the government to come up with a simple process to register marriages. “A simple certificate issued by a religious place can become the basis of registration of a marriage. We have recommended that the village head or sarpanch can be given the authority for such registrations,” a Law Commission official said.

In 2012, the government tabled a bill in Parliament based on the Supreme Court’s observations but it lapsed at the end of the 15th Lok Sabha in 2014. The panel suggests that the government enact a similar law.

SHARE THIS ARTICLE ON
Close
In the second phase of the vaccination drive, 3,005,039 people over 60 years of age and 460,782 between 45 and 59 years with comorbidities have received their first dose of the vaccine.(Reuters)
In the second phase of the vaccination drive, 3,005,039 people over 60 years of age and 460,782 between 45 and 59 years with comorbidities have received their first dose of the vaccine.(Reuters)

Cumulative Covid-19 vaccinations cross 20-million mark: Government

By hindustantimes.com | Written by Srivatsan K C, New Delhi
PUBLISHED ON MAR 06, 2021 11:35 PM IST
India has administered 20,662,073 doses of the vaccine so far of which 6,972,859 healthcare workers have received the first dose and 3,522,671 have got the second dose.
Close
Anurag Thakur said the government welcomes innovation and new technology, but with caution, so that citizens get due protection and national security is ensured.(ANI)
Anurag Thakur said the government welcomes innovation and new technology, but with caution, so that citizens get due protection and national security is ensured.(ANI)

Issue of national security key as govt decides on

By Rajeev Jayaswal, Hindustan Times, New Delhi
UPDATED ON MAR 06, 2021 11:20 PM IST
  • Cryptocurrency is, however, not legally banned and the government is in the process of enacting a law on this matter.
Close
Prime Minister Narendra Modi visits a stall at an exhibition during the Combined Commanders Conference in Kevadia on Saturday. (ANI)
Prime Minister Narendra Modi visits a stall at an exhibition during the Combined Commanders Conference in Kevadia on Saturday. (ANI)

Need to develop military into ‘future force’: PM Modi at top commanders’ meet

UPDATED ON MAR 06, 2021 11:17 PM IST
  • The PM asked the three services to rid themselves of legacy systems and practices that are no longer relevant.
Close
The desk would provide support to file cases in offences related to violence or discrimination.(PTI File Photo )
The desk would provide support to file cases in offences related to violence or discrimination.(PTI File Photo )

Transgender help desk set up at police station in Hyderabad

PTI, Hyderabad
PUBLISHED ON MAR 06, 2021 11:09 PM IST
Noting that the idea of the help desk came from the community itself during a meeting 10 days back, police said the entire credit for the initiative must go to the community.
Close
On the basis of the young man's interrogation, the police also arrested his accomplice Vishnu Bishnoi (23) and recovered the illegal pistol from his possession. (GETTY IMAGES) (Image used for representation).
On the basis of the young man's interrogation, the police also arrested his accomplice Vishnu Bishnoi (23) and recovered the illegal pistol from his possession. (GETTY IMAGES) (Image used for representation).

In Rajasthan’s Jodhpur district, 2 arrested for brandishing gun at wedding

PUBLISHED ON MAR 06, 2021 11:07 PM IST
  • According to the police, some young men were dancing at the DJ night in a wedding ceremony, during which one of the accused pointed the pistol at the forehead of another youth.
Close
Farmers sitting near their tractor as they take part in a road blockade to mark the 100th day of the protest against the new farm laws on a highway near Kundli Border on Saturday. (ANI Photo)
Farmers sitting near their tractor as they take part in a road blockade to mark the 100th day of the protest against the new farm laws on a highway near Kundli Border on Saturday. (ANI Photo)

As farmers protest completes 100 days, Cong says ‘100 days of BJP's arrogance’

PTI, New Delhi
PUBLISHED ON MAR 06, 2021 10:45 PM IST
Farmer leaders have made it clear that they would not settle for anything less than a repeal of the new agriculture laws.
Close
Entry into the courtroom for the physical hearing will require lawyers to make “special hearing passes” to be issued by the SC Registry. (HT PHOTO).
Entry into the courtroom for the physical hearing will require lawyers to make “special hearing passes” to be issued by the SC Registry. (HT PHOTO).

Supreme Court to begin limited physical hearing on trial basis from March 15

By Abraham Thomas
PUBLISHED ON MAR 06, 2021 10:25 PM IST
  • In January this year, Chief Justice of India (CJI) SA Bobde ruled out any reopening of courts for the present.
Close
The Indo-Nepal border(ANI File Photo)
The Indo-Nepal border(ANI File Photo)

Nepal Police hand over body of Indian man killed in firing in Pilibhit

PTI
PUBLISHED ON MAR 06, 2021 10:25 PM IST
Though authorities had initially said Nepalese Police had fired at three people, police said late Friday that the incident in a market in Nepal's Kanchanpur district involved four men.
Close
DMK commenced the interviews for party ticket aspirants on March 2 and completed it on Saturday.(ANI)
DMK commenced the interviews for party ticket aspirants on March 2 and completed it on Saturday.(ANI)

AIADMK, DMK yet to close deal with key allies for Tamil Nadu assembly polls

PTI, Chennai
PUBLISHED ON MAR 06, 2021 10:13 PM IST
The DMK has allotted 23 seats to allies. MDMK, Viduthalai Chiruthaigal Katchi and CPI have got six each, the IUML three and Manithaneya Makkal Katchi two.
Close
Prime Minister Narendra Modi at the Combined Commanders’ Conference in Gujarat's Kevadia on Saturday. (@narendramodi/Twitter Photo )
Prime Minister Narendra Modi at the Combined Commanders’ Conference in Gujarat's Kevadia on Saturday. (@narendramodi/Twitter Photo )

At top commanders’ meet, PM Modi calls for army to become 'future force'

By hindustantimes.com | Written by Kanishka Sarkar, Hindustan Times, New Delhi
PUBLISHED ON MAR 06, 2021 09:45 PM IST
Prime Minister Narendra Modi stressed the need to optimise manpower planning in both military and civilian parts of the national security architecture, according to the Prime Minister’s Office.
Close
The Union health ministry noted that Punjab along with four other states accounted for 82 per cent of the new Covid-19 cases reported in India.(HT Photo)
The Union health ministry noted that Punjab along with four other states accounted for 82 per cent of the new Covid-19 cases reported in India.(HT Photo)

Punjab reports over 1,000 daily new Covid-19 cases for second time in March

By hindustantimes.com | Written by Srivatsan K C, New Delhi
PUBLISHED ON MAR 06, 2021 09:38 PM IST
The bulletin showed that the active caseload too witnessed a spike on Saturday with 7,164 patients—up from 6,661 reported on Friday.
Close
The case was first handled by Assam Police and in 2019 the investigation was taken over by NIA. (HT PHOTO)
The case was first handled by Assam Police and in 2019 the investigation was taken over by NIA. (HT PHOTO)

NIA files chargesheet against 3 Bodo militants for killing Assam police officer

PUBLISHED ON MAR 06, 2021 09:24 PM IST
  • The chargesheet was filed on Friday before a special NIA court against the accused persons-Bishnu Narzary, Nitul Daimary and Runiluish Daimary under several sections of the Unlawful Activities (Prevention) Act, Indian Penal Code and Arms Act.
Close
Earthen lamps lit to celebrate the foundation laying ceremony of the Ram temple in Ayodhya, at Moti Nagar in New Delhi in this file picture from 2020. (Sanchit Khanna/ Hindustan Times)
Earthen lamps lit to celebrate the foundation laying ceremony of the Ram temple in Ayodhya, at Moti Nagar in New Delhi in this file picture from 2020. (Sanchit Khanna/ Hindustan Times)

Over 25,000 million collected for Ram Temple’s construction: VHP

By hindustantimes.com | Edited by Shankhyaneel Sarkar, Hindustan Times, New Delhi
PUBLISHED ON MAR 06, 2021 08:56 PM IST
  • Rai said that door-to-door collection of funds for the Ram Temple construction has also been stopped.
Close
A health worker takes swab sample of a resident for Covid-19 testing in a housing society, amid a surge in coronavirus cases, at Nehru Nagar in Mumbai.(PTI)
A health worker takes swab sample of a resident for Covid-19 testing in a housing society, amid a surge in coronavirus cases, at Nehru Nagar in Mumbai.(PTI)

Amid surge in Covid-19 cases, these states have imposed fresh restrictions

By hindustantimes.com | Edited by Mallika Soni
PUBLISHED ON MAR 06, 2021 08:55 PM IST
  • The central government has also rushed high-level multi-disciplinary public health teams to Maharashtra and Punjab in view of the increase in the number of daily new Covid-19 cases being reported by these states.
Close
The Centre’s counsel said during the hearing that the government had not ordered for the closure of roads under its guidelines and roads would have to be kept open.(File Photo)
The Centre’s counsel said during the hearing that the government had not ordered for the closure of roads under its guidelines and roads would have to be kept open.(File Photo)

‘Will modify Covid travel restrictions with Kerala’: Karnataka govt to HC

By hindustantimes.com | Written by Harshit Sabarwal, New Delhi
UPDATED ON MAR 06, 2021 09:03 PM IST
Karnataka had sealed several roads and national highways with Kerala on February 22 after the former had seen the emergence of two Covid-19 clusters in Bengaluru.
Close
SHARE
Story Saved
OPEN APP