26 October, 2007

Registration of marriages a must in 3 months:Muslim leaders welcome SC order on marriage registration: SC Exempt Muslims from registration: AIMPLB

SC to states: Make marriage registration compulsory

25 Oct 2007 The Times of India

NEW DELHI: The Supreme Court on Thursday directed all states and Union Territories to bring in suitable legislation within three months to make registration of marriage compulsory.

A bench headed by Justice Arijit Pasayat asked the states and UTs to file a compliance report along with an affidavit after the three months deadline.

The apex court passed the order after noting that several states had made registration of marriage compulsory only for the members of the Hindu community.

But by Thursday's order, registration of marriage will be mandatory for all religions.

http://timesofindia.indiatimes.com/India/SC_to_states_Make_marriage_registration_compulsory_/articleshow/2488755.cms




Registration of marriages a must in 3 months: SC

The Times of India 26 October 2007 Delhi P. 19

New Delhi: The Supreme Court on Thursday reminded states that they had to comply with its directions for compulsory registration of all marriages, and that it would apply to all religious communities. The court said its order had to be implemented in the next three months.

The SC order has been seen as a step towards a uniform civil code. The court found that some states had implemented its orders on making marriage registration mandatory, but only with regard to Hindus.

Monitoring the implementation of its February 14, 2006, order, a bench of justices Arijit Pasayat and P Sathasivam expressed unhappiness, saying the laws enacted by many states had excluded the minority communities. ONE MARRIAGE LAW FOR ALL SC wants states to place laws before it


New Delhi: Calling for its orders on registration of marriages being carried out in letter and spirit, SC said: “The state and union territories have to forthwith comply with the February 14, 2006, judgment and in no case later than three months from today.”
Moved by the plight of women fighting for their rights under marriage, the court had asked the Centre and the states to amend the law and notify within three months. Registration of marriages, which would provide proof of matrimony for women in such cases, could help tilt the scales in their favour.

Justice Pasayat, writing the judgment for the Bench, directed the governments to provide for “consequences of non-registration of marriages” in the rules, which should be formalised after inviting public response and considering them. The court said the rules so framed would continue to operate till respective governments framed proper legislations for compulsory registration of marriages. Leaving no room for any dilution of the objective of such legislations, Pasayat said all new laws to be framed by the governments will have to be placed for scrutiny before the apex court.
The court felt that this ruling was necessitated as some unscrupulous husbands denied their marriages altogether, leaving their spouses with no legal rights.
The court had examined — with the help of solicitor general G E Vahanvati, who acted as amicus curiae — data regarding the laws relating to Hindu, Muslim, Christian and Parsi marriages.
In 2006, there were only four states which had provided for compulsory registration of marriages — Maharashtra, Gujarat, Karnataka and Himachal Pradesh. Assam, Bihar, West Bengal, Orissa and Meghalaya made laws for voluntary registration of Muslim marriages.

Exempt Muslims from registration: AIMPLB

‘Qazis Already Do So During Nikahs’

The Times of India 26 October 2007 Delhi P. 19
New Delhi: Reacting to the Supreme Court directive to states and union territories to make marriage registrations compulsory for people of all religions, All India Muslim Personal Law Board (AIMPLB), a private body working to protect the community’s personal laws, has called for the exemption of Muslims from it.
The AIMPLB has said the community has a registration process in place and there’s no need for Muslims to re-register their marriages.
‘‘We welcome the apex court directive, which is to safeguard the rights of women. But it should not be binding; Muslims should be exempted from it since we have a system of registering marriages in the community,’’ AIMPLB member S Q R Ilyas told TOI.
However, leading Muslim intellectual and former MP Syed Shahabuddin differed with the AIMPLB’s stand and said his personal view is that all marriages should be registered so long they do not interfere with the religious aspects of a wedlock. ‘‘In fact, I have spoken in favour of registration of marriages even in Parliament, particularly in context of NRI marriages where such wedlocks are often denied,’’ said Shahabuddin.
But S Q R Ilyas pointed out Muslims register marriages either with the local Qazi or the Imam in form of a Nikahnama (marriage contract). ‘‘It’s also mandatory to have two witnesses to a Nikah. Until witnesses are present, the marriage can’t be solemnised. If this procedure is already in place, where’s the question of anybody denying the marriage?’’ asked Ilyas.


Muslim leaders welcome SC order on marriage registration
25 Oct 2007 The Times of India

NEW DELHI: Muslim leaders on Friday welcomed the Supreme Court direction asking all states and union territories to bring in a suitable legislation to make registration of marriage compulsory.

"Islam asks its followers to register the marriages and there is nothing new in the apex court directive," All India Muslim Personal Law Board (AIMPLB) spokesman Qasim Rasool Ilyas said.

The apex court's order came in the wake of reports that several states had made registration of marriage compulsory only for the members of the Hindu community.

But by Thursday's order, registration of marriage will be mandatory for all religions.

Ilyas, however, said the word "compulsory" should not be the part of the legislation.

"In Islam, all the marriages are registered. This (the direction) would be only their re-registration," he said, adding "it should not be made compulsory but optional".

All India Shia Personal Law Board president Mirza Mohammad Athar said: "The legislation is not anti-Islam or anti-Sharia (Islamic law). This would strengthen the Islamic practice of registering marriages".

"Those who go abroad register their marriage as they need a registration certificate. So what's harm in extending it to all," Athar asks.

http://timesofindia.indiatimes.com/India/Muslim_leaders_welcome_SC_order_on_marriage_registration/articleshow/2490927.cms


With the thanks from THE TIMES OF INDIA

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