The Delhi High Court on Wednesday ordered the Centre
and Delhi government to comply with the Supreme Court's directions over
compulsory registration of marriages in three months.
A bench of Chief Justice Devendra Kumar Upadhyaya
and Justice Tushar Rao Gedela said it was "pathetic and appalling"
that the 2006 apex court order, asking all marriages to be compulsorily
registered irrespective of faith, was not yet implemented by the authorities.
"This is pathetic actually. It is appalling as
to how you are not implementing the order of the Supreme Court," it added.
The high court also issued notice to both
governments on a petition seeking direction to the Ministry of Home Affairs to
prepare rules for a centralised database of marriage registration.
The Supreme Court, in February 2006, ruled that all
marriages, irrespective of their religion, be compulsorily registered and
directed the Centre and all states to frame and notify rules for this within
three months.
Pursuant to the top court's directions, the Delhi
government issued an order on April 21, 2014 containing certain provisions for
compulsory registration of marriage. The order is known as "Delhi
(Compulsory Registration of Marriage) order, 2014.
However, various deficiencies and lacunae were
pointed out in the rules by the petitioner, who said the state and the Central
governments were informed about it.
Petitioner Aakash Goel said in the absence of an
appropriate legislation as desired by the Supreme Court in the 2006 judgment,
the mechanism available for registration of marriages was not only inadequate
and caused hardship to people seeking registration, but it also did not fulfil
the object of compulsory registration of marriages.
"We call upon the ministry concerned of the
Government of India and the Delhi Government to look into the matter and take
appropriate steps which will be warranted in law and also for ensuring the
directions issued by the Supreme Court are complied with," the bench said.
Granting three months' time, the bench asked for the
decisions of the Centre and the state government in terms of its order to be
filed before the next hearing on July 9.
When the Delhi government counsel said it had framed
rules in line with the apex court's directions, the bench said the rules were
only executive in nature.
"There has to be an enactment as per the directions
of the Supreme Court You have to respond to the needs of people and frame rules
for smooth registration of marriage. That's the need of the hour. These are not
the things which should come to the court," it added.
The plea has sought a direction to the Ministry of
Home Affairs to prepare rules for a centralised database of marriage as
"dis-aggregate state-wide databases" do not help achieve the
objective of the Supreme Court judgment as a person can easily marry and
register in Delhi, while being already married and registered in another state.
It also sought directions to the Centre to maintain
the centralised database and make it available in advance to citizens so that
correct whereabouts of families were known while giving a go-ahead for a wedding.
The petition also sought a direction for modifying
certain clauses of the Delhi Compulsory Registration of Marriages Order, 2014
to allow online registration of marriages with the virtual presence of a
married couple and witness before the authorities concerned.