Arya Samaj Marriages
Recent judicial scrutiny in India has focused on the legality and procedures of Arya Samaj marriages. Courts in Uttar Pradesh and Madhya Pradesh have raised concerns about fake Arya Samaj societies solemnising marriages without proper age verification and violating anti-conversion laws. The Allahabad High Court has directed investigations into these practices amid allegations of unlawful conversions and child marriages. This has brought renewed attention to the Arya Marriage Validation Act of 1937 and its interaction with modern laws such as the UP Prohibition of Unlawful Conversion of Religion Act, 2021.
Background of Arya Samaj Marriages
The Arya Samaj, founded in 1875 by Swami Dayanand Saraswati, is a Hindu reform movement. It promotes Vedic monotheism and social reforms, including inter-caste and interfaith marriages. The Arya Marriage Validation Act, 1937, legally recognises marriages solemnised by Arya Samaj priests. These marriages require both parties to be of marriageable age and declare themselves Arya Samajis, regardless of caste or previous religion.
Legal Framework and Marriage Procedures
Arya Samaj marriages follow specific Hindu rituals but do not require strict verification of age or conversion procedures under current laws. The Hindu Marriage Act, 1955, recognises Arya Samaj marriages for Hindus, Buddhists, Jains, and Sikhs. Those from other religions must convert to Hinduism, often through a quick shuddhi purification ritual conducted by Arya Samaj organisations. This process is faster and simpler than the Special Marriage Act, 1954, which mandates a 30-day public notice and more formal procedures.
Popularity Among Eloping Couples
Arya Samaj weddings are favoured by couples seeking quick marriages, especially those from different castes or faiths. The ease of paperwork, minimal waiting time, and less stringent requirements make these ceremonies attractive for eloping couples. In contrast, marriages under the Special Marriage Act involve public announcements that may expose couples to social or familial pressure.
Conflict with Anti-Conversion Laws
Several BJP-ruled states have enacted strict anti-conversion laws to curb forced religious conversions. Uttar Pradesh’s 2021 Act invalidates marriages preceded by unlawful or non-compliant conversions. It requires pre- and post-conversion declarations and places the burden of proof on the accused to show voluntary consent. Arya Samaj shuddhi rituals often do not meet these legal standards, creating conflicts between Arya Samaj marriages and state laws.
Judicial Concerns and Investigations
Courts have expressed concerns over fake Arya Samaj societies conducting unlawful marriages. Investigations have revealed cases of minors being married with forged documents and conversions without following legal procedures. The Supreme Court and various High Courts have questioned the validity of Arya Samaj marriage certificates and called for stricter verification. The Allahabad High Court recently ruled that a marriage involving a minor Hindu girl and a Muslim man was invalid due to non-compliance with the anti-conversion law.
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