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Synopsis

A Public Interest Litigation (PIL) has been filed before the Supreme Court seeking a writ, order or direction for the State Governments to formulate rules for registration of Sikh marriages under the Anand Marriage Act, 1909.

Anand Marriage Act, 1909 was enacted by the Imperial Legislative Council over more than a century ago to give legal sanction to a marriage ceremony among Sikhs known as Anand Karaj and also to remove any doubts, which may be cast as to their validity.

The Act of 1909 was amended by the Parliament of India in 2012, to address the long-standing need for registration of Anand Marriages, by allowing Sikh couples an option to register their marriages under the Anand Marriage Act 1909.

Under the new amendment, a duty has been cast upon the State Governments to frame rules for the facilitation of registration of Sikh marriages, the plea submits.

The Petitioner, one Amanjot Singh Chadha, a practicing advocate before the High Court of Uttarakhand had originally filed a writ petition before the High Court seeking formulation of rules for registration of Sikh marriages.

The writ was finally disposed of with a direction to the Chief Secretary of the State of Uttarakhand “to take appropriate steps for putting the aforesaid proposal before the cabinet and after approval of the cabinet also to take steps for publishing the same in the Gazzate and place it before the Legislative Assembly.”

But, it is Chadha's case that nothing has been done so far by the State Government.

While various States and UTs have already framed rules for registration of Sikh marriages under the Anand Marriage Act, 1909, still many have not notified the said rules as mandated by section 6 of the Anand Marriage Act, 1909, the plea adds.

It is further contended that due to this inaction, a large section of the society is being disenfranchised from availing of the fruits of a Central Act, which has constrained the petitioner to knock on the doors of the Apex Court.

Chadha made representations also to the Chief Ministers through Chief Secretaries of the State of Karnataka, Tamil Nadu, Jharkhand, Uttar Pradesh, Assam, West Bengal, Gujrat, Bihar, Maharashtra, and Telangana and Chief Ministers and Administrators through Chief Secretaries of the UT of Jammu and Kashmir, Leh and Ladakh, Chandigarh, Lakshadweep, Daman and Diu, Pondicherry, Andaman and Nicobar, and the State of Nagaland, Sikkim, Tripura, Arunachal Pradesh in April this year.

Case Title: Amanjot Singh Chadha vs. Union of India and Ors.