Registration of Sikh Marriages: Uttarakhand High Court seeks State's response in plea seeking Implementation of 'Anand Marriage Act'

The Uttarakhand High Court today has sought State’s reply in a plea directing the State to notify rules under Anand Marriage Act. 

Matter was heard by a bench of Justice Raghavendra Singh Chauhan and Justice Alok Kumar Verma.

Preferred by Advocate Amanjot Singh Chadha, the plea states that absence of framework in the State of Uttarakhand for registering Anand marriages has caused an impediment in their right to register marriages and has hampered them from bearing the fruits of an act passed by Parliament to remove impediments in registration of Sikh marriages. 

“Marriage is a social union between two individuals which has been provided recognition and protection by the State and the right to form a union under Article 19(1)(c) implies the right of every individual to form a martial union with the person of their choice. Article 19(1)(a) protects the right to get recognition from the state for expressing their marital unity however due to inaction of state right of sikh couples for maintaining their religious identity is getting affected,” plea states.

It has been averred that the State Legislature already passed the Uttarakhand Compulsory Registration of Marriage Act 2010 which provided for compulsory registration of all marriages solemnized in the state of Uttarakhand. But on the other hand no rules have been notified by the State to make rules for registering marriage under Anand Marriage Act.

Reference has been made to the various states of India wherein rules for registration of Anand Marriage Act have already been made to aver that the State of Uttarakhand for the past nine years after Parliament’s amendment has failed to notify the rules regarding registration of sikh marriages under the Anand Marriage Act 1909. 

The petitioners have further averred that non registration of sikh marriages in the state of Uttarakhand under the Anand Marriage Act 1909 is adversely affecting couples professing Sikh religion by infringing Article 14 and further infringing their freedom of professing and practicing religion under Article 25 and Article 26 of the Constitution of India, 1950.

In light of the above mentioned facts the petitioner along with seeking for issuance of writ directing the State to notify rules under Anand Marriage Act, 1909 has also sought for directions or guidelines to register marriages under the Anand Marriage Act, 1909.

Case Title: Amanjot Singh Chadha v. State of Uttarakhand through Chief Secretary Government of Uttarakhand| WP (PIL) 98 of 2021