Gujarat Government Proposes Mandatory Parental Notification for Marriage Registration
In a significant move, the Gujarat government has proposed amendments to the Gujarat Registration of Marriage Rules, formally involving parents in the marriage registration process. This initiative, introduced in the assembly on Friday, aims to enhance transparency and prevent fraudulent marriages, despite the popular adage "Miyan, bibi raazi, to kya karega kaazi?" which emphasizes the consent of two adults in marriage.
Key Provisions of the Draft Rules
Under the draft rules, couples seeking to register their marriage must submit an undertaking stating whether they have informed their parents. More notably, upon receiving the application, the assistant registrar will notify the parents of both the bride and groom. This notification can be sent electronically, including via WhatsApp, or through physical communication.
Additionally, the amendments propose stricter identity verification, enhanced scrutiny of witnesses, and tighter notary checks. Applicants are required to provide detailed contact information for both parents, including names, addresses, mobile numbers, and Aadhaar details. Once the application is processed, it will be forwarded to the district or taluka marriage registrar, with registration granted within 30 days after verification. All details will be uploaded to a dedicated government portal.
Government Rationale and Community Support
Deputy Chief Minister Harsh Sanghavi, who introduced the proposed changes, stated that the government is not against love marriages but aims to prevent deception. "Innocent girls are being trapped and such practices are spreading like termites in society. The Bhupendra Patel government is not against love, but it is firm on catching anyone who brings disrepute to love," Sanghavi said. He cited instances from Panchmahal district where nikaah certificates were allegedly issued in villages without mosques or Muslim families, leading to investigations and actions in villages like Kankodakui and Nathkuva.
The amendments come amid sustained representations from several community groups, including Patidar and Kshatriya Thakor organizations, which have advocated for stricter marriage registration norms and mandatory parental involvement in love marriages. Allegations of "love jihad" have further intensified these demands. The proposed changes did not face opposition in the assembly, with the Congress remaining silent and the Aam Aadmi Party (AAP) supporting the move. AAP legislator Hemant Ahir had earlier moved a private member's bill on similar lines.
Public Feedback and Legal Concerns
The government has invited public feedback for one month, allowing suggestions and objections to be submitted through the Health and Family Welfare department's website. However, legal experts have raised concerns about the constitutional validity of the proposed changes.
Advocate Mahesh Baria cautioned, "This infringes upon the fundamental rights guaranteed under Article 21 of the Constitution. If implemented and challenged, such provisions may not withstand judicial scrutiny." Advocate Nilesh Bhavsar added that while the government describes the measure as mere intimation, parental objections could potentially influence registration decisions, leading to litigation.
Overall, the proposed amendments represent a contentious shift in marriage registration practices in Gujarat, balancing community demands for oversight with potential legal and constitutional challenges.
