The proposed rule purportedly goals at stopping ‘love jihad’—one thing the ruling BJP has lengthy focused as a significant concern within the nation.

“There isn’t any objection to like. But when some Salim posing as a Suresh, traps a lady, we won’t spare them,” Harsh Sanghavi acknowledged within the meeting final Friday.

“Nobody might be allowed to misuse marriage registration by hiding or faking their identification,” the deputy CM later wrote on X.

Highlighting examples of affection marriages in ‘Sanatan Dharma’, together with Krishna-Rukmani, Dushyant-Shakuntala, Satyavan-Savitri, and Meghnath-Sulochana, amongst others, Kathavadia requested why the Gujarat authorities—if it has an issue with inter-caste marriages—gives funds for them, particularly within the identify of Babasaheb Ambedkar’s spouse, Dr Savitaben Ambedkar.

Questioning the authorized facet of the proposal, Kathavadia stated there may be confusion about how the federal government plans to implement the proposed rule.

“On what foundation will they cancel the registration of marriage? Are marriage and registration the identical or totally different underneath the regulation? If the principles require the couple to supply photographs of their marriage, does this imply you might be solely registering the wedding, not solemnising it?” Kathavadia requested.

“These guidelines have solely been launched to confuse the plenty, mislead folks, and divert their consideration from the key points confronted by the state right this moment. All over the place there may be demolition occurring. In different states, our sisters profit from schemes such because the Ladki Bahin Yojana. However right here they solely get these marriage guidelines,” Kathavadia added.

Within the advised framework, any couple making use of for marriage registration should additionally submit a declaration stating whether or not each events’ mother and father are conscious of the wedding. The declaration ought to embody the mother and father’ names, Aadhaar particulars, addresses, and phone info.

After passable doc submission, the assistant registrar should notify the mother and father of each events inside 10 working days. Afterwards, the appliance might be forwarded to the district registrar involved.

The wedding registration course of is predicted to take 30 days.

Gujarat is the primary and solely state—for now—to take the primary steps in the direction of requiring parental consent for marriage registration.

Talking to ThePrint, Supreme Courtroom Advocate Nipun Saxena stated the proposed guidelines won’t stand if challenged in court docket. The solemnisation of marriages in India is guided both by the respective marriage acts of a faith or by the Particular Marriage Act, 1954. There isn’t any third Act.

Underneath the central statutes, grounds for objection to a wedding embody one or each events being underage, already married, of unsound thoughts, or inside prohibited levels of relationship. Parental consent shouldn’t be a floor for objection—it’s immaterial.

He additionally identified that whereas the state has full liberty to introduce the brand new rule—since marriage and divorce stay within the Concurrent checklist—the Particular Marriage Act nonetheless supersedes it as a result of it’s the central statute.

Furthermore, he stated, the proposed rule is void as a result of it opposes Article 21 of the Indian Structure and infringes upon rights to privateness and selection.

Saxena expressed concern that mandating official notification of oldsters a couple of marriage utility may very well be weaponised by mother and father who disagree with their grownup youngsters’s decisions.

Uttarakhand, by its enactment of the Uniform Civil Code in 2024, introduced what the federal government referred to as provisions to safeguard in opposition to ‘love jihad’ by requiring {couples} in live-in relationships to register their relationships with the state authorities. Nonetheless, even there, whereas the principles require particulars of oldsters or guardians, they embody no provisions for notifying the mother and father.

In 2022, the Maharashtra authorities constituted a 13-member panel to trace interfaith marriages. An initiative underneath the state’s ladies and youngster growth division, the committee should take inventory of interfaith marriages that happen after elopement, these carried out at non secular locations, or these which are registered or non-registered. A helpline quantity was additionally accessible to {couples}, providing counselling providers for ladies, if wanted.

(Edited by Madhurita Goswami)

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