New Delhi: The Supreme Court has directed all states and union territories that have not yet done so to notify rules for registering “Anand Karaj” marriages within four months.
A bench of Justices Vikram Nath and Sandeep Mehta observed that in a secular republic, the state must provide equal and workable systems to register marriages across faiths. “The fidelity of a constitutional promise is measured not only by the rights it proclaims but by the institutions that make those rights usable. In a secular framework, the state must not turn a citizen’s faith into either a privilege or a handicap,” the court said.
The order came on September 4 in response to a plea seeking directions to states and UTs to frame rules under Section 6 of the Anand Marriage Act, 1909 (amended in 2012) to enable registration of marriages solemnised under the Sikh rite of “Anand Karaj.”
The bench noted that while some states and UTs have framed such rules, several others have not, despite Section 6 imposing a “positive duty” to establish a proper registration system. “That duty is not contingent on the size of the beneficiary group, nor can it be deferred on the footing that other marriage laws exist in parallel,” the order said.
The court stressed that unequal access to statutory registration across states leads to unequal treatment of citizens and called for harmonisation with existing marriage-registration frameworks. It clarified that where a general registration system exists, it must accept applications for “Anand Karaj” marriages on the same footing as other marriages, and if requested, record that the ceremony was performed under the Sikh rite.
Accordingly, the court directed:
- States and UTs yet to notify Section 6 rules must do so within four months.
- Until then, all registration authorities must accept “Anand Karaj” marriages under the prevailing framework without discrimination.
- States and UTs that already have rules in place should continue operating them.
- The Centre must act as a coordinating authority, circulate model rules within two months, and submit a consolidated compliance report within six months.
- No application for registration or certified extracts of “Anand Karaj” marriages shall be rejected solely because rules are not yet notified.
Specific interim directions were also issued:
- Goa: All civil registration offices must register “Anand Karaj” marriages under the existing framework. The Centre must notify the extension of the 1909 Act to Goa within four months, after which Goa should frame rules under Section 6.
- Sikkim: All registering authorities must accept “Anand Karaj” marriage applications under the 1963 Rules. The Centre was asked to consider extending the 1909 Act to Sikkim under Article 371F(n) within four months.
Disposing of the plea, the bench said the goal was to ensure a uniform, fair, and non-discriminatory process so that marriages solemnised through “Anand Karaj” are duly recorded and certified like all others.
