Uttarakhand High Court Directs State Govt To Take Steps To Frame And Notify Rules For Registration Of Sikh Marriages

The Uttarakhand High Court has directed the State Government to frame and notify the rules making provisions for registration of marriage of people of Sikh community.

The Bench of Acting Chief Justice Sanjaya Kumar Mishra and Justice Ramesh Chandra Khulbe issued a direction to this effect to the Chief Secretary of the State on a PIL plea filed by the party in person, Amanjot Singh Chadha, commanding the State to notify the Rules under Anand Marriage Act, 1909.

Filing a response in the PIL plea, the State submitted that in the State, under the Uttarakhand Compulsory Registration of Marriage Rules, 2012, formulation of an arrangement/mechanism for registration of Sikh Marriages for the purposes of facilitation of proof of marriage ceremony (commonly known as Anand Karaj) customary among the Sikhs, had been proposed.

In view of this submission, the Court directed the Chief Secretary of the State to take appropriate steps for putting the aforesaid proposal before the Cabinet and after approval of the Cabinet also take steps for publishing the same in the Gazette and place the same before the Legislative Assembly.

Before disposing of the plea, the Court also considered it appropriate that necessary Rules must be framed by the State of Uttarakhand for registration of marriage of people of Sikh community under the Anand Marriage Act, 1909.

It may be noted that the PIL plea had averred 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.

It was also stated in the plea that the State Legislature had 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, the plea added, on the other hand, no rules have been notified by the State to make rules for the registration of marriages under the Anand Marriage Act.

Case title - Amanjot Singh Chadha. v. State of Uttarakhand

Case Citation: 2022 LiveLaw (Utt) 14

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