Kerala High Court Deprecates Attempts Of Caste Groups To "Hijack" Reformers Like Sree Narayana Guru & Ayyankali

In a significant order, the Kerala High Court on Wednesday held that the religion of the parties is not a consideration for registering marriages under the Kerala Registration of Marriages (Common) Rules, 2008. 

While passing the order, Justice P. V. Kunhikrishnan quoting the famous words of 'Sree Narayana Guru', which says that this is a place where people reside in brotherhood without any difference based on their caste and religion, remarked that in a state like Kerala, where Great Reformers like Sree Narayana Guru and Ayyankali lived and propagated the principle of secularism, it is unfortunate that nowadays attempts are made to hijack the names of these reformers by certain caste group as their caste leaders.

The Court observed that Social Reformers of different religions should not be caged in their religion or caste at the instance of certain groups as it would be insulting to those leaders. 

"Kerala is a State, where the Great reformers like "Sree Narayana Guru and Ayyankali" lived and they propagated the principle of secularism.It is unfortunate that nowadays there is an attempt to hijack the names of these legends by certain caste group as if they are their caste leaders. That should not be permitted.They are the leaders of all citizens of this country irrespective of the religion and caste. Social reformers of different religions should not be caged in their religion or caste at the instance of certain groups. If it happens, we will be insulting those legends"

The Court, in this case, allowed the Writ Petition filed by a married couple for the registration of their marriage under Kerala Registration of Marriages (Common) Rules, 2008, observing that the only condition for the registration of the marriage as per Rule 6 of the Rules, 2008 is that the marriage is to be solemnized. The religion of the parties is not a consideration for registering marriages. It added that simply because the father or mother of one of the parties to a marriage belongs to a different religion, it is not a reason to reject an application submitted for registration of the marriage as per the Rules, 2008.

"The respondents, while registering the marriage as per the Rules 2008, should remember that our Country is a secular Country giving liberty to all citizens to adopt their own religion and to follow their own rites, customs, and ceremonies", the Court observed.

Case Title: Lalan P. R. & Anr v. Chief Registrar General of Marriages (Common) & Anr.

Citation: 2022 LiveLaw (Ker) 520 

Click Here To Read/Download The Order