Discrepancies Regarding Compulsory Registration Of Marriages Under Differential Marriage Acts

Discrepancies Regarding Compulsory Registration Of Marriages Under Differential Marriage Acts And Potential Developments In Same, If A UCC Were To Be Introduced

Simer Aiden, BBA LLB, Jindal Global Law School

ABSTRACT

Marriage registration is an important legal procedure, as it provides a legal recognition to the marriage. However, Indian culture sees marriage through a religious lens as a sacred practice and social and spiritual understanding between two persons, due to which the legality can often be overlooked. India is a secular state, and the constitution guarantees everyone the freedom to practise any religion, with each religion having its own set of maritalrituals. Marriage has historically been regarded as a religious sacrament in our country, and as such, the registration of a marriage has had no real meaning or significance to several people in the country. Most marriages in India are yet unregistered as people don’t feel the need to register their marriages as long as the rituals have taken place, and those who consider registration find it simpler to avoid the long and unnecessarily tedious process of registration. The Constitution of India, under Article 21, recognises the right to marry and the freedom to choose one's life partner as a fundamental right. Nevertheless, despite this recognition, the state has not been able to set up an efficient consistent system for marriage registration. Marriage registration in India is governed by various personal laws that apply to different faiths. This research paper discusses the requirement for marriage registration in India under various religious acts.