A Public Interest Litigation has been filed in the Supreme Court under Article 32 of the Constitution of India seeking directions for the State Governments to formulate rules for the registration of Sikh Marriages under the Anand Marriage Act, 1909.
The Petitioner had filed a writ petition before the High Court of Uttarakhand seeking formulation of the rules. The matter was finally disposed off by the High Court by an order dated 23rd March 2021 with a direction of the Chief Secretary of the State of Uttarakhand "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 it before the Legislative Assembly."
The petition submitted that various States and Union Territories have already framed the rules for registration of sikh marriages under the Anand Marriage Act, 1909 but still various States and Union Territories have yet, not notified the said rules as mandated by Section 6 of the Anand Marriage Act, 1909.
The petition filed by Petitioner Advocate Amanjot Singh Chaddha submitted that, "India being a secular democracy has to uphold and respect the religious practices of its citizens. Anand Marriage Act, 1909 was enacted by the Imperial Legislative Council over more than a century ago to give legal sanction to a Marriage ceremony among Sikhs known as Anand Karaj and also to remove any doubts, which may be cast as to their validity."
The petitioner stated in the petition that, "this is a classic case of inaction by the Respondents and their lethargy to even perform basic functions as provided under the law." It was also stated that "taking into account the difficulties arising due to the inaction of the State Governments in formulating the rules for the implementation of the said Act, a large section of the society is being disenfranchised from availing of the fruits of a Central Act."
It was pointed out that apart from the State of Uttarakhand, various other States and Union Territories have also failed to notify the rules despite representation."Aggrieved by the non-impelmentation of the Central Act in the Respondent States and UTs and no other framework for registration and certification of Anand Marriages, the petitioner approached this Court." The petition stated.
The petitioner has prayed in the petition to issue writ, order or direction in the nature of mandamus commanding the respondents to notify the rules under the Anand Marriage Act 1909 in the country as expeditiously as possible in the interest of justice.
The petition has arrayed the Union of India, the States of Uttarkhand, Karnataka, Tamil Nadu, Jharkhand, Uttar Pradesh, Assam, West Bengal, Gujarat, Bihar, Maharashtra, Telangana, Nagaland, Sikkim, Tripura, Arunahcal Pradesh, Goa, Manipur and Uniion Territories of Jammu & Kashmir and Let & Ladakh, Chandigarh, Lakshadweep, Daman & Diu, Pondicherry and Andaman & Nicobar as the respondents.
The petition is filed by Amanjot Singh Chadha, an advocate enrolled with the Bar Council of Uttarakhand. It was drawn by Advocates, Sanpreet Singh Ajmani and Yaksha Sharma and filed through Advocate-on-Record, Manju Jetley.
