The Supreme Court in the case Amanjot Singh Chaddha vs Union of India observed and has issued on a plea seeking directions for the State Governments for formulating the rules under the Anand Marriage Act, 1909 for the registration of the Sikh Marriages.
The bench comprising of Justice Ajay Rastogi and Justice C. T. Ravikumar observed and has seek response from the Respondents on the plea praying to issue writ in the nature of mandamus, wherein directing the respondents to notify the rules under the Anand Marriage Act 1909 in the country as expeditiously as possible in relation to the interest of justice.
In the present case, the court was appraised by the petitioner that he had also filed a writ petition before the High Court of Uttarakhand seeking formulation of the rules. The High Court disposed off the matter by an order dated 23rd March 2021 with a direction of the Chief Secretary of the State of Uttarakhand “to take appropriate steps for putting up the aforesaid proposal before the cabinet and after the cabinet approval steps are also taken for publishing the same in the Gazette and place it before the Legislative Assembly.
It had been submitted in the plea that various Union Territories and States have already framed the rules for registration of sikh marriages under the Anand Marriage Act, 1909 but still various Union Territories and States have yet, not notified the said rules as mandated by Section 6 of the Anand Marriage Act, 1909.
It has been submitted by the petitioner, Advocate Amanjot Singh Chaddha in the plea that, “India being a secular democracy has to uphold and has to respect the religious practices of its citizens. Therefore, the Anand Marriage Act, 1909 was enacted by the Imperial Legislative Council over more than a century ago for giving legal sanction to a Marriage ceremony among Sikhs known as Anand Karaj and also to remove any doubts and which may be cast as to their validity.
It has also been stated in the plea filled that “this being a classic case of inaction by the Respondents and their lethargy for even performing of the basic functions as being provided under the law.” Further, it has also been stated that “taking into account the difficulties which are arising due to the inaction of the State Governments in formulating the rules for the implementation of the said Act, a large section of the society is being disenfranchised from availing of the fruits of a Central Act.
Accordingly, the plea has arrayed Union of India, the States of Uttarkhand, Uttar Pradesh, Assam, West Bengal, Gujarat, Bihar, Maharashtra, Telangana, Nagaland, Sikkim, Tripura, Arunahcal Pradesh, Goa, Karnataka, Tamil Nadu, Jharkhand, Uttar Pradesh, Manipur and Union Territories of Jammu & Kashmir and Chandigarh, Daman & Diu, Pondicherry and Andaman & Nicobar, Let & Ladakh, Lakshadweep as the respondents.
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