Delhi HC Questions Non-Compliance With SC’s Marriage Registration Order

On March 6, the Delhi High Court expressed serious concerns over the failure to comply with the Supreme Court’s 2006 directive on the mandatory registration of marriages.

Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela criticized the lack of implementation, calling it “lamentable and alarming.

Failure To Implement SC Order

During the hearing, the Court questioned the non-compliance, asking how the authorities were unable to implement the Supreme Court’s clear directive.

The Court expressed its dissatisfaction with the lack of progress and gave the Delhi government and the central government a three-month deadline to ensure compliance with the order.

The Court further asked both governments to file their responses before the next hearing.

Importance Of Marriage Registration

The Supreme Court’s 2006 ruling aimed to protect women’s rights and ensure legal recognition of marriages.

The Court emphasized that all marriages, regardless of religion, must be registered and directed the central and state governments to create the necessary rules within three months.

The absence of a centralized marriage registration database has posed challenges in implementing this important directive.

Court’s Instructions To Governments

During the hearing, the lawyer representing the Delhi government mentioned that the government had made rules in accordance with the Supreme Court’s directions.

However, the Delhi High Court noted that merely creating rules was insufficient. The Court emphasized the need for a proper act to enforce the directive, highlighting the necessity for a centralized database for marriage registrations.

The Court also instructed the Ministry of Home Affairs to prepare rules for this system.

The Delhi High Court’s intervention in this matter highlights its pivotal role in ensuring the implementation of Supreme Court orders.

The Court’s strong stance underscores the urgency of establishing an effective marriage registration system in India to secure the legal rights of married individuals.

The Court has scheduled the next hearing for July 9, where the Delhi and central governments must report on the progress made in complying with the mandatory marriage registration order.

This will be a critical moment for the authorities to demonstrate their commitment to ensuring legal and social safeguards for all married couples across India.

In February 2006, the Supreme Court ruled that all marriages, regardless of the individuals’ religion, must be compulsorily registered.

The Court had also directed the central and state governments to create rules and notify them within three months to facilitate the implementation of this order.

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