SC directs states and UTs to frame rules for Sikh marriages under Anand Marriage Act within four months
PTC Web Desk: The Supreme Court has directed all states and Union Territories (UTs) to notify rules for registering marriages solemnised through the Sikh religious ceremony of Anand Karaj within four months.
A Bench of Justices Vikram Nath and Sandeep Mehta clarified that until such rules are framed, these marriages can still be registered under existing marriage registration laws. The Supreme Court also said that, when requested, authorities should mention in the marriage certificate that the marriage was conducted under the Sikh rite.
Highlighting the absence of rules in many states and UTs, the court observed, “In a secular republic, the state must not turn a citizen’s faith into either a privilege or a handicap. When the law recognises Anand Karaj as a valid form of marriage yet leaves no machinery to register it, the promise is only half kept.”
The court stressed that the Anand Marriage Act, 1909—amended in 2012 to include Section 6—makes it mandatory for states to frame rules for the registration of such marriages, maintain records, and provide certified extracts. However, more than a decade later, many states and UTs have failed to implement this, creating unequal access for Sikh couples.
The judges underlined that registration does not validate the marriage itself but ensures legal recognition and access to benefits like inheritance, insurance, succession, maintenance, and protection of women and children. Denying registration in some states, they said, leads to unequal treatment of citizens.
Specific directions were issued for Goa and Sikkim. In Goa, the Union Government has been asked to extend the Anand Marriage Act under the Goa, Daman and Diu (Administration) Act, 1962, after which rules must be framed. In Sikkim, interim registration will be allowed under the 1963 marriage rules, with a proposal to later extend the Anand Marriage Act under Article 371F of the Constitution.
The Union of India has also been directed to act as a coordinating authority, prepare model rules, and publish a compliance report within six months. Each state and UT must appoint a senior officer to ensure no application for registration is refused for want of rules.
The ruling came on a petition filed by a Sikh petitioner who pointed out that while some states had notified rules, many others had not, causing difficulties for couples marrying under Anand Karaj rights.
- With inputs from agencies
