Opinion - Editorials   

Made in heaven and the registrar’s office

In February 2006, the Supreme Court had directed the Centre and the States to introduce a provision that would make the registration of marriages compulsory irrespective of religion. Yet, registration has been made compulsory only in five States; most States have not still complied with the orders and were censured by the court recently for not framing and notifying the rules for registration. Now a Parliamentary panel has called for compulsory registration in the light of a report tabled in the Lok Sabha about the increasing number of women deserted by Non-Resident Indian (NRI) husbands. The report suggests that this would provide potent legal protection for women who are victims of fraudulent NRI marriages, for divorced women, and for those whose husbands have abandoned them in India or abroad. A marriage entails far-reaching legal and practical consequences, and registration and the creation of a public record of all marriages are considered automatic in any modern society. Because of unequal gender relations, women are often denied the rights that flow from marriage and registration is particularly important for their protection. Compulsory registration would provide all women a safeguard against desertion, aid their empowerment, and work to prevent child marriage and bigamy.

While registration in itself will not be the panacea for all the ills befalling women in unhappy marital situations, it will certainly serve as a strong legal deterrent. It will also offer the much-needed proof in situations where the legitimate claims of women to maintenance in case of divorce, custody rights of children, and the rights of children themselves are disputed. At the same time, compulsory registration should not become problematic for women, which it may if unregistered marriages are deemed invalid. A woman’s rights cannot be curtailed by the lack of a certificate and neither should she be subject to difficulties and penalties because of non-registration. This could especially affect poor women in rural areas who may be victims of harassment or bigamy or abuse. Currently, Christian and Muslim marriages provide for registration within the context of their personal laws and religious institutions, but there is no such provision in Hindu law; registration is compulsory for civil marriages under the Special Marriage Act. It should be emphasised that compulsory registration under the aegis of the state will not in any way impinge on personal laws but will instead enhance gender equality within all communities. The process of registration should also be made simple and inexpensive so that the law works effectively to protect the rights of all women.

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