Case – Seema v Ashwani Kumar 2006
Fact – The Convention on the Elimination of All Forms of Discrimination Against Women (in short ‘CEDAW’) was adopted in 1979 by the United Nations General Assembly. India was a signatory to the Convention on 30th July, 1980 and ratified on 9th July, 1993 with two Declaratory Statements and one Reservation. Article 16(2) of the Convention says “though India agreed on principle that compulsory registration of marriages is highly desirable, it was said as follows: It is not practical in a vast country like India with its variety of customs, religions and level of literacy’ and has expressed reservation to this very clause to make registration of marriage compulsory.
It has been pointed out that compulsory registration of marriages would be a step in the right direction for the prevention of child marriages still prevalent in many parts of the country.
In the Constitution of India, 1950 (in short the ‘Constitution’) List III (the Concurrent List) of the Seventh Schedule provides in Entries 5 and 30 as follows:
5. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.
30. Vital statistics including registration of births and deaths.
Observation & Judgement:
- The court has issued directions that the marriages of all persons who are citizens of India belonging to various religions, should be made compulsorily registrable in their respective states where the marriage is solemnised. If the marriage is registered, the dispute concerning solemnisation of marriage is avoided; it protects the women’s rights relating to marriage to a greater extent; it has great evidentiary value in the matters of custody of children, rights of children, and the age of parties to the marriage.
- However, the Supreme Court has held that the registration of marriage falls within the ambit of expression “vital statistics” as provided in Entry 30, List-3, Schedule 7 of Constitution of India. Therefore, marriage of all citizens of India belonging to various religions should be made compulsorily registrable in the States ‘where they are solemnized’.
Accordingly, we direct the States and the Central Government to take the following steps:
- The procedure for registration should be notified by respective States within three months from today. This can be done by amending the existing Rules, if any, or by framing new Rules. However, objections from members of the public shall be invited before bringing the said Rules into force. In this connection, due publicity shall be given by the States and the matter shall be kept open for objections for a period of one month from the date of advertisement inviting objections. On the expiry of the said period, the States shall issue appropriate notification bringing the Rules into force.
- The officer appointed under the said Rules of the States shall be duly authorized to register the marriages. The age, marital status (unmarried, divorcee) shall be clearly stated. The consequence of non-registration of marriages or for filing false declaration shall also be provided for in the said Rules. Needless to add that the object of the said Rules shall be to carry out the directions of this Court.
- As and when the Central Government enacts a comprehensive statute, the same shall be placed before this Court for scrutiny.
