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बेसिक इंग्लिश का दूसरा सत्र (कक्षा प्रारंभ : 22 अक्तूबर, शाम 3:30 से 5:30)
Law Commission recommends compulsory registration of marriages
Aug 30, 2017

[GS Paper II: (mechanisms, laws, institutions and bodies constituted for protection and betterment of vulnerable sections)]

The Law Commission of India has recently submitted its report on marriage certification to the centre. It recommended compulsory registration of marriages to protect women who become victims of fake marriages.

  • The commission pointed to a 2006 ruling of the Supreme Court in Seema vs Ashwani Kumar case that said marriages of persons who are citizens of India belonging to various religions should be registered compulsorily in their States. 
  • It said that the lack of provisions for compulsory registration of marriages had proven disastrous for women and deprived them of societal recognition and legal security.
  • The commission said that compulsory registration can serve as a means to ensure that conditions of a valid marriage have been checked because fraudulent marriages are on the rise especially among non-resident Indians. 
  • It said a minor amendment to the Registration of Births and Deaths Act, 1969, and including a provision for compulsory registration of marriage would serve the purpose.

Background

  • The Law Commission recommendation was a result of a request from the Department of Legal Affairs in February 2017 for ways to end the continued prevalence of practices such as child marriages, bigamy and gender violence in Indian society. 
  • Bearing in mind the diversity of family laws, customs and traditions, Law Commission has endeavoured to create an all-India framework under which all marriages can be registered regardless of the differences in the procedure of solemnisation. 

Would compulsory registration of marriages require amendment to personal laws?

  • The commission clarified that there was no need to amend any of the personal laws of religious communities as marriages can be registered under any of the prevailing marriage acts. 
  • The personal laws vary with the religious groups and they relate to marriage, divorce, succession and inheritance, maintenance, custody of children and adoption. 

Law Commission of India 

  • Law Commission of India is an executive body established by an order of the Government of India. 
  • Its major function is to work for legal reform. Its membership primarily comprises legal experts. 
  • The Commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice. 
  • The first Law Commission of independent India was established in 1955 for a three-year term. Since then, twenty one more Commissions have been established. 
  • The Twenty-first Law Commission was constituted on 1st September, 2015. It has a three-year term, ending on 31st August, 2018. The Commission is presently headed by Justice Balbir Singh Chauhan.


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