PIL before Delhi High Court flags inadequacies in marriage registration mechanism

The Delhi High Court on Wednesday sought the response of the Central and Delhi governments to a public interest litigation (PIL) petition raising concern about the non-existence of adequate statutory mechanism for registration of marriages in the national capital. .The petitioner, Akash Goel, moved the Court challenging the constitutional validity of the Delhi (Compulsory Registration of Marriage) Order, 2014 that was enacted pursuant to the Supreme Court’s directions in Seema Vs. Ashwani Kumar, by which the registration of marriages in Delhi was made compulsory. .The Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that the mechanism for registration of marriages was inadequate and not in conformity with the Supreme Court judgment.“In the absence of a legislation the mechanism available for registration of marriages is not only inadequate and causing various difficulties to the persons seeking registration, the same is not fulfilling compulsory registration of marriage as set out by the Supreme Court,” the Court stated.Therefore, it issued notice to the Central and Delhi governments and also directed them to ensure compliance with the directions passed by Supreme Court.“We call the concerned Ministry of the Centre and Delhi Government to look into the matter and then take appropriate steps in law and for ensuring the directions of Supreme Court. We grant 3 months time to the respondents to give its response,” the Court directed. .Nevertheless, the Court observed that the petitioner was asking the Court to legislate and the same would not be possible. “You are asking us to legislate which cannot be done. The difficulty is that we do not have a new enactment as was desired by the Supreme Court as per its 2006 judgment. The Rules framed by the State Government is in pursuance of the directions in the Supreme Court order. They are only executive rules, violation thereof I don’t know the consequence. There has to be an enactment. So we are issuing notice,” the Court stated. .The petitioner claimed that inadequacies of Delhi government's rules was affecting rights of women.“The non-registration of marriages in India is leading to violation of the women rights as guaranteed under Articles 14 and 21 of Constitution of India. It is also submitted that shockingly low number of registration of marriages in Delhi is due to cumbersome procedures contained in clause 4 (d) and (e) of the Delhi (Compulsory Registration of Marriage) Order 2014,” the petition stated. The PIL also highlighted the failure on the part of Delhi government to adapt digital technology in order to provide for a suitable mechanism to grant marriage certificate. .The Court took particular exception to the absence of an enactment and database concerning registration of marriage. “The Court has drawn your attention to a problem being faced by the citizens. We don’t even have the All India Database. That’s the need of the hour. You have to respond to the need of the people by making a simple enactment and putting in place a machinery for registration, permitting smooth registration of marriage. He is asking that you please permit me to apply for registration online. Why can’t you do this? This should not normally come to the Court, this is for you,” the Chief Justice stated. The Court also noted that the petitioner had approached the authorities before moving the Court. .The petition was filed through advocate Kumar Utkarsh.The matter will be heard next on July 9..Advocates Vibhor Garg, Kumar Utkarsh, Manoj Kumar, Shubham Pundhir and Gousia Iqbal appeared for the petitioner.Standing Counsel Sameer Vashisht appeared for GNCTD. Central Government Standing Counsel Mukul Singh, Panel counsel Bharat Singh, Ira Singh and Aryan Dhaka appeared for Union. [Read Order]