On Wednesday the Law Commission suggested to the government to make registration of marriages compulsory. The report submitted on July 4 said that registration of marriages be made compulsory failing which a fine for non-compliance be levied in 30 days.
The suggestion comes in the wake of a Supreme Court judgment in the Seema vs Ashwani Kumar case of 2006. In this case, the SC said that registration of marriages should be made mandatory. A bill was tabled in Parliament in 2012, but the same was lapsed in 2014.
The commission in its report said that it would not be desirable to have a separate legislation for compulsory registration of marriages as it would not serve any purpose.
Further it proposed that linking of Aadhaar with marriage certificates would be helpful in tracking records. Linking of Aadhaar would help prevent fraudulent marriages the commission also said in its report.
"This deprives women of societal recognition and legal security. Such fraudulent marriages are especially on rise among Non-Resident Indians. Compulsory registration can serve as a means to ensure that conditions of a valid marriage have been performed," the report said.
"Instances of marriage fraud have also come to light in recent times. In the absence of compulsory registration, women are duped into marrying without performance of the conditions of a valid marriage," the Law Commission report also said.
The law commission also stated that the bill will not interfere with any personal marriage laws. The report stated," "Thus, while Bill does not aim at eliminating the diversity of personal laws, or regional differences seeking merely the registration of marriages regardless of the law under which the marriages are recognised or solemnised, it recommends that these various overlapping and contradicting legislations be borne in mind while framing the rules of registration."