Anand Marriage Act: Uttarakhand High Court Issues Notice To State On Plea Seeking Direction To Notify Rules For Sikh Marriages

The bench of Chief Justice R. S. Chauhan and Justice Alok Kumar Verma has given the state four weeks to respond to the petition.

The petition, filed by the party in person, Amanjot Singh Chadha, avers that the Act casts a duty upon the State Government under Section 6 to make rules for registration of Anand Marriages as no current framework in the State of Uttarakhand for registering Anand Marriages has caused an impediment in their right to register marriages.

It may be noted that the Parliament had, in June 2012, made amendments to the Act and mandated the states to formulate rules for the registration of Sikh marriages.

The plea states that the State Legislature has already passed the Uttarakhand Compulsory Registration of Marriage Act 2010 which provides for compulsory registration of all marriages solemnized in the state of Uttarakhand, however, on the other hand, no rules have been notified by the State to make rules for registering marriages under the Anand Marriage Act.

"Non-registration of Sikh marriages in the state of Uttarakhand under the Anand Marriage Act 1909 is adversely affecting couples professing Sikh religion by infringing Article 14 and further infringing their freedom of professing and practicing religion which is protected under article 25 and 26 of the constitution of India," the plea adds.

Stressing that the right to practice one's religion and maintain one's religious identity is granted to every citizen under Articles 25 and 26 of the Constitution of India, the plea states that weddings are connected with the identity of a community and the non-implementation of any mechanism for registration of these nuptial ceremonies impairs such rights.