Supreme Court Directs Registration of Sikh Anand Marriage
The Supreme Court of India recently directed 17 states and eight Union Territories to frame rules for registering Sikh marriages under the Anand Marriage Act, 1909, within four months. Until then, states must register Anand Karaj marriages under existing laws. This move aims to ensure Sikh couples can legally register their marriages according to their religious tradition. However, critics argue that the Act remains inadequate and fails to address key legal issues faced by the Sikh community.
The Anand Marriage Act and Its Significance
The Anand Marriage Act was enacted in 1909 to legally recognise marriages solemnised through the Anand Karaj ceremony, a sacred Sikh ritual. The ceremony involves the couple circling the Guru Granth Sahib four times, symbolising their spiritual journey together. The Act sought to distinguish Sikh marriages from Hindu rituals. However, the original Act lacked provisions for marriage registration, limiting its practical application.
Amendment and State-Level Inaction
In 2012, the Anand Marriage (Amendment) Act introduced Section 6, mandating states to frame rules for registering Anand Karaj marriages. Despite this, most states and Union Territories failed to implement these rules for over a decade. This inaction caused difficulties for Sikh couples in accessing legal rights related to residence, inheritance, maintenance, and succession due to the absence of official marriage certificates.
Supreme Court Intervention
Following a petition denoting state inaction, the Supreme Court stepped in and issued clear directions. The court emphasised the need for a neutral and effective registration mechanism respecting religious identity and civic equality. It imposed a positive duty on states to establish a registration system and ruled that no registration request can be denied for lack of notified rules. This ensures uniform legal recognition of Sikh marriages nationwide.
Ongoing Challenges and Legal Gaps
Despite the court’s directives, many Sikh couples continue to register marriages under the Hindu Marriage Act, 1955, which recognises Sikh marriages but does not reflect their distinct religious identity. The Anand Marriage Act does not address divorce or matrimonial disputes, forcing Sikhs to rely on Hindu law for such matters. Community leaders argue for a comprehensive Sikh marriage law that respects religious customs and covers all legal aspects.
Community Perspectives and Future Needs
Sikh leaders and scholars have called for dialogue to develop a complete marriage law. The current Act is brief and symbolic, lacking the detailed provisions found in other personal laws. Critics stress the importance of recognising Sikhs as a distinct community with specific legal rights. The development of a full-fledged Anand Marriage Act could resolve issues related to divorce, succession, and other family matters while preserving Sikh identity.
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