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Synopsis

The Allahabad High Court has ordered a detailed investigation into the functioning of several Arya Samaj institutions across Uttar Pradesh involved in solemnizing marriages, particularly those of runaway couples.

Court passed the order in a matter where fraudulent activities and legal violations in the registration of such marriages, potentially impacting vulnerable individuals and leading to wider societal issues such as human trafficking, exploitation, and coercion came to light.

The bench of Justice Vinod Diwakar directed the Commissioners of Police of Gautam Budh Nagar and Ghaziabad to conduct a thorough inquiry into the trusts and societies linked to Arya Samaj institutions performing marriages. The inquiry will include scrutinizing the background and credentials of office bearers, verifying marriage registration documents, and investigating financial transactions associated with these institutions.

Multiple petitions were filed by couples who had eloped and married through Arya Samaj institutions. The petitioners, typically citing threats to their safety from family members opposed to their marriages, had relied on certificates issued by various Arya Samaj Mandirs in Ghaziabad, Noida, and other locations. However, police verification of these certificates had frequently revealed discrepancies, including forged documents, false affidavits, and unauthorized affiliations with Arya Samaj bodies.

The court expressed concern over the societal impact of such practices, noting that several of the marriages appeared to violate laws such as the Child Marriage Restraint Act and Section 5 of the Hindu Marriage Act, 1955. Furthermore, court noted that the institutions had been accused of facilitating fraudulent documents for underage couples, eloped individuals, and other vulnerable parties.

In one of the petitions, the Arya Samaj Pratinidhi Sabha, headquartered at Meerabai Marg, Lucknow, was ordered to produce all relevant records related to its operations and affiliated societies. Despite being given multiple opportunities, the Sabha’s compliance was delayed, prompting the court to take strict action. In its affidavit, the Sabha’s counsel acknowledged lapses and undertook to suggest reforms to regulate marriage solemnizations more effectively.

Therefore, court directed the Principal Secretary (Stamp & Registration), Lucknow to personally oversee compliance with earlier court orders, ensuring that proper records are maintained, and the registration process is lawful and transparent. Non-compliance would require the Principal Secretary to submit a personal affidavit explaining the reasons for the delay, as per court's directions.

Highlighting the broader implications of the issue, the court emphasized the need for robust mechanisms to prevent fraudulent marriages and protect young couples from potential exploitation. It pointed out that unauthorized Arya Samaj institutions were often used by couples seeking quick marriages without parental consent, with minimal regard for legal formalities. These practices have been linked to cases of sexual exploitation and child trafficking.

Therefore, court ordered the Commissioners of Police Gautam Budh Nagar and Ghaziabad to gather discreet information about how these institutions operate, including their financial dealings, social profiles, and any criminal antecedents of the involved parties. The investigation aims to expose the systemic flaws that allow such marriages to be registered on the basis of forged documents, misleading affidavits, and fake addresses.

Court scheduled the next hearing for September 26, 2024, requiring detailed reports from both Commissioners and further compliance from the Arya Samaj Pratinidhi Sabha.

Case Title: Shanidev And Another v State Of Up And 7 Others and Connected Matters