SC Ruling on Anand Marriage Act: Sikh Marriage Rights and Legal Debate

Anand Marriage Act Latest News

• The Supreme Court has ordered 17 states and eight Union Territories to frame rules within four months for registering Sikh marriages under the Anand Marriage Act, 1909. 
• Until then, Anand Karaj marriages must be registered under existing marriage laws. 
• The ruling aims to ensure uniform legal recognition of Sikh marriages across India. 
• However, critics argue that while the directive addresses procedural gaps, it does not fix deeper shortcomings in the Act itself, leaving broader issues unresolved.

The Anand Marriage Act and Its 2012 Amendment

• Anand Karaj, meaning “blissful union,” is the Sikh marriage ceremony conducted before the Guru Granth Sahib. 
• To solemnise the marriage, the couple walks around the Guru Granth Sahib four times, as hymns, known as laavan, are recited. 
  • The four chosen verses, composed by Guru Ram Das, the fourth Sikh Guru, outline the spiritual journey of a married couple.
• To secure distinct legal recognition for this practice, the Anand Marriage Act, 1909 was enacted, validating all marriages solemnised through Anand Karaj and distinguishing them from Hindu rituals. 
• However, the original Act lacked provisions for registration. 
• This gap was filled over a century later by the Anand Marriage (Amendment) Act, 2012, which inserted Section 6 mandating states to frame rules for registering such marriages. 
• Once registered under this Act, couples no longer need to register under any other marriage law.

‹ ›

State Inaction and Supreme Court’s Intervention

• Despite the 2012 Amendment mandating registration rules for Anand Karaj marriages, most states and Union Territories failed to act, denying Sikh couples legal certificates essential for residence, maintenance, inheritance, and succession. 
• Highlighting this inaction, petitions were filed in the Supreme Court in 2022, arguing that uneven access to rights disenfranchised the community. 
• As a result, the Court directed all states and UTs to frame rules within four months, stressing that in a secular framework, Anand Karaj marriages must be registered on par with others. 
• It placed a positive duty on states to create workable registration systems and clarified that applications cannot be refused merely because rules have not been notified.

The Ongoing Debate on Sikh Marriage Rights

• Despite legal recognition through the Anand Marriage Act, 1909 and its 2012 Amendment, most Sikh couples still register marriages under the Hindu Marriage Act, 1955, which also governs divorce and disputes. 
• The Anand Act lacks provisions for divorce or matrimonial issues, forcing Sikhs to rely on Hindu law, undermining their distinct religious identity. 
• Community leaders and scholars argue that Sikhs need a comprehensive marriage law similar to those for Muslims and Christians. 
• Critics highlight that the Anand Act, barely a page long, is symbolic rather than substantive, offering limited rights and failing to fully recognise Sikhs as a separate community.

Importance of Marriage Registration

• The Supreme Court stressed that marriage registration is essential for equality, civil administration, and legal proof of status in matters such as residence, maintenance, inheritance, insurance, succession, and monogamy. 
• It also safeguards the rights of women and children. 
• Emphasising uniformity, the bench stated that in a secular framework, marriages solemnised by Anand Karaj must be recorded and certified on the same footing as other marriages to ensure both religious respect and civic equality.

Source: IE | MC