The law commission submitted its report to the law ministry on Tuesday recommending that registration of marriages should be made compulsory under law to prevent marriage frauds, bigamy, child marriages and desertions of women by their husbands and be legally mandated with a fine for non-compliance within 30 days, days after which a penalty of ₹5 per day could be imposed, though this was already mandatory in certain states and Union Territories. It has also advised against making changes to existing personal laws to the government of the Centre and State along with recommending amendment of the Registration of Births and Deaths Act, 1969.
The report also that though the Bill does not aim at eliminating the diversity of personal laws, or regional differences, merely the registration of marriages may lead to various overlapping and contradicting of legislations.
Failure to register the birth, marriage or deathwithin the specified time limit, for one year, would attract written permission of the prescribed authority and after an order so passed by the First Class Magistrate
The non-registration of a marriage may be linked to property rights like in case of Goa to ensure better compliance
The law will not interfere with the existing personal laws of any community or disturb any existing rights.
What others consequences the report focused:
- Registration is nothing but a reliable means of ensuring that legit conditions of a valid marriage have been performed and consequences of the marriage can be taken into account.
- A simple certificate issued by a religious place can become the basis of registration of a marriage.
- Authorities like village head or sarpanch can be given the authority for such registrations.
- Non- Registration Deprives women of societal recognition and legal security
- This also arise among Non-Resident Indians
The Past Journey:
- The Supreme Court in the Ashwani Kumar (2006) case had observed that registeration of marriages should be registered compulsorily of all persons who are citizens of India belonging to various religions in their respective states where the marriage is solemnised.
- In 2012, the a bill in Parliament was issued on the basis of the Supreme Court’s observations. Though it lapsed at the end of the 15th Lok Sabha in 2014.
- The present panel has now suggested enactment of similar law by the government.
