Law Commission recommends compulsory registration of marriages, defaulters to be fined

Jul 4, 2017 17:55 IST

Compulsory Marriage Registration

The Law commission of India recommended to make marriage registration compulsory in its 270th Report called ‘Compulsory Registration of Marriages’ submitted to the Government under the Chairmanship of Dr. Justice B S Chauhan.

The Report starts by recognizing that notwithstanding endeavors from all divisions, the general public is still tormented with social indecencies, for example, polygamy, child marriage and gender violence.

During the UPA Government's 2nd term, the Rajya Sabha had passed an amendment to make  marriage registration necessary under the Registration of Births and Deaths Act, 1969.
The Bill, notwithstanding, couldn't be passed by the Lok Sabha, and later,lapsed.

Subsequently, in 2014 the same bill was supported by law minister in this present NDA government.

Even, the Supreme Court recommends that the marriage must be enlisted under either the Hindu Marriage Act 1955 or the Special Marriage Act 1954. The unregistered weddings are not considered as ill-conceived, but rather the Indians need to obligatorily enlist their marriage.

Therefore, it is being assumed that the present government is in favour of these recommendation, and they may bring and introduce this bill again freshly.

Highlights of reports:

1. Enlistment of a marriage under any of the predominant marriage Acts, or some other custom or individual law identifying with marriage will be adequate, and a different independent enactment may not be required insofar as a revision is made to the Births and Deaths Registration Act to incorporate Marriages also.

2. This Bill would supplement the area of family laws that as of now exist and is not gone for evacuating, cancelling or correcting particular religious/social practices and laws that are acknowledged under individual laws prevailing in India.

3. The subject of individual laws is wide and complex, and this report is gone for making essentially a procedural change to make the registration of marriage compulsory.

4. The Law commission also recommended the penalty for non-compliance of this act. It proposed that individual may be charged five rupees per day in case of failing.

Marriage enrollment gets various advantages, which include:
1. Simple legitimate procedures on account of transfer of property to the life partner.
2. After the disintegration of first marriage, a man can enter to the wedding lock for the second time.
3. For the exchange of property or the authority of children if there should be an occurrence of lawful partition, the court requires an authentication of marriage to be delivered in the family court.
4. In the event that one of the companions is working abroad and needs to bring his/her accomplice then he/she will require the marriage endorsement to acquire the work allow from the nation's office. A number of countries don't issue the work permit without a legitimate marriage authentication.

About Law commission of India:
Law Commission of India is an official body built up by a request of the Government of India. Its main work is to work for reform in law. Its members are essentially includes legitimate specialists. The Commission is set up for a fixed period and fills in as an advisory body to the Ministry of Law and Justice.

The 1st Law Commission was built up during the British Raj period in 1834. The 1st Law Commission of independent India was set up in 1955 for a three-year term. From that point forward, twenty more Commissions have been set up.

The twentieth Law Commission was set up in 2013 under the Chairmanship of Supreme Court Judge, D.K Jain. The present Law Commission was set up in 2015, and has tenure up to 2018.

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