பதிவு திருமணங்களுக்கு இனி பெற்றோர் அனுமதி தேவை
செல்வன்
TN circular sneaks in parental consent in marriage registration
Original documents on parents’ identity now needed to register Hindu marriages
When Vikram and Sowmya (names changed) went to a sub-registrar’s office early last month to have their marriage registered, a week after their families held a grand wedding for them, they were asked to bring a parent along. “They insisted it would better if we bring a parent, preferably our fathers. So, we went back and returned with our fathers,” Vikram says.
Earlier, all that was required for registering a marriage were three witnesses. What has changed?
The additional requirement is due to an ‘internal circular’ from the office of the Inspector General of Registration, Tamil Nadu, dated September 28, 2017. The circular contains a checklist of documents that may appear innocuous. However, it has indirectly paved the way for registrars to ascertain if there is parental consent before registering Hindu marriages.
In the four-point circular, the first permits the Aadhaar card as an additional identity proof for the couple, parents and witnesses; the second point says the names, initials and address of the parents given in the application should tally with the details contained in the accompanying documentary proof, and that registration should be done only upon such verification. The third point demands that the couple produce the original death certificate of any of their parents mentioned as deceased, and attach a photocopy.
The upshot is that two consenting Hindu adults marrying without the knowledge of their parents will not be able to register their marriage, unless they have access to the original documents relating to their parent’s identity and address and, if any of them is no more, their death certificates.
This makes it practically impossible to register a marriage under the Hindu Marriage Act (HMA), without parents knowing about it, says an official source. “See, it does not specify parental consent, but every point implies that. Couples can still register under the Special Marriage Act.”
Senior advocate in the Supreme Court, Indira Jaising, says this certainly amounted to introducing parental consent “by stealth”. “Registraars under a State Act or Hindu Marriage Act cannot insist on that, and consent of parents cannot be demanded if two persons are of the age of marriage.”
“The tragedy is the Hindu Marriage Act nowhere asks for consent of the woman herself as a condition of a valid marriage. Who knows, maybe, they still think a daughter is “given away” by the father as kanyadaan.” says Ms.Jaising.
“These are extraneous and totally unnecessary. The law does not contemplate any consent except that of the marrying couple. Witnesses are attesting as witness to registration and not as consenters,” says advocate Sudha Ramalingam. “The circular appears trivial on the face of it, but is fatal for couple wanting to marry without parental consent.”
“In the name of ID verification, these are paternalistic barriers to liberty brought in covert ways,” says advocate Akila Ramalingam, on reading the circular.
Additional Inspector General of Registration Jaffer Mohammad, however, denied that parental consent was mandatory. Only when the application says a parent is dead, they are required to produce a death certificate.” When asked about the logic of a circular that makes parental consent necessary by implication, Mr. Mohammad said, “The State government is not opposed to inter-caste marriages.”
But, sources at the Sub-Registrar’s office in a western district believe the circular was the result of “a lot of complaints from parents”.
Caste outfits have been asking for parental consent during registration of marriages in recent years.
nkantan r
Nephew went to Indian embassy later with divorce decree to remove first wife's name from passport. It was done with no hustle.
Upon return to india next year, to apply for new visas, when they went to Chennai Municipality for issue of marriage certificate they got the lashing and boot!
Actually then only we in our family came to know about this 'mandatory' registration within 150 days.
The bill however (probably intently) allowed for 'notifications and execution of marriages under Hindu/religious laws, and SMA. Though bureaucrats had no idea of how to proceed - ( one even had temerity to foolishly say that marriage is null and void unless registered -what a waste of money to pay salary from tax payers' money to these guys-), an advocate was clear that a public notification is sufficient and convinced them to put an advertisement in papers and got the CMC to issue a certificate based on that)
Thus the option out for intending groom-bride is to go for SMA marriage or approach a sensible lawyer.
However, this circular is another indication of governmental connivance for opposition to inter-caste marriages.
rnk
தேமொழி
Original documents on parents’ identity now needed to register Hindu marriages
Self-Respect Weddings: A Feminist, Egalitarian Legacy From 75 Years Ago
When DMK leader MK Stalin met an aging Sampoornam in her cramped house last year, they spoke about her wedding which took place 75 years ago. She remembered it like it happened only a few days ago. This was no ordinary wedding ceremony. In fact, what was special was that there was no ceremony at all. It happened to be the first recognised Suyamariyathai (self-respect) marriage presided over by former chief minister and DMK leader CN Annadurai (Anna). Sampoornam passed away last week, but she leaves a legacy of social reform in marriage which continues till date.
DMK leader MK Stalin with Sampoornam
Self-respect marriages were conceived and pioneered by the rationalist leader and Dravidian ideologue EV Ramasamy (Periyar). Periyar, aghast at the ceremonial rigour and Brahminical dictates that constitute typical Hindu weddings, decided to simplify ceremonies. He instructed people to shun traditional wedding ceremonies which revolved around incomprehensible Brahmin priests and mysterious Shastric customs. Periyar believed that there was no need for a priest to communicate with god through the medium of a "sacred fire", as the marriage only needs to be solemnised between the bride and groom.
Periyar's self-respect marriages denounced all... regressive practices. He advocated total equality between the bride and groom.
Beyond his calculated assault on Brahminist hegemony lay a larger social goal of inter-caste marriage. He knew that a simple, straightforward marriage, devoid of caste-based rituals, would make it easy for inter-caste couples. Even Ambedkar shared the belief that inter-caste marriage was an essential component in the war on caste. Periyar presided over a number of such inter-caste marriages and personally supported couples who opted for the self-respect model.
Hindu weddings are a compilation of rituals, sacred fire and priest(s)
A lesser appreciated aspect of the self-respect marriage is that it is true to the feminist ideals of Periyar. Most Hindu weddings require the bride to follow the groom around the fire and not the other way around; some require the feet of the groom to be washed, and the father to give away the daughter like she is his property. Periyar's self-respect marriages denounced all such regressive practices. He advocated total equality between the bride and groom.
The only requirements of the self-respect marriage are:
1. The bride and groom declare to take each other to be her/his husband/wife.
2. Each may exchange garlands or rings or tie the thali.
3. The wedding shall take place in the presence of friends or relatives or other persons.
Such self-respect marriages are different from regular Hindu weddings in that they do not have to be solemnised in accordance with customs and there is no priest. Typically, Hindu weddings include the Saptpadi ritual i.e. walking seven steps around the sacred fire. According to the Hindu Marriage Act, a marriage is "complete and binding" only "when the seventh step is taken".
Former Tamil Nadu Chief Minister Anna with Dravidian Ideologue Periyar
In order to do away with baseless customs, the Government of Tamil Nadu under the Dravida Munnetra Kazhagam amended the Hindu Marriage Act. Then chief minister Anna sought inputs from Periyar before tabling the legislation. The Amendment Act (Number 21 of 1967), thus, made self-respect marriages an option for couples who did not want to go through with the customs and ceremonies of Hindu marriages. The same Act also had a retrospective effect, so that Sampoornam's marriage with Chinaiah, along with thousands of others, could be recognised and validated. Since then, lakhs of couples who have followed the Dravidian principles have opted for casteless and customless self-respect weddings.
Self-respect weddings can be solemnized with just exchange of garlands
Today, Sampoornam is more than a self-respect marriage statistic. She is a pioneer of a thriving social reform movement in Tamil Nadu. The political raison d'être of the Dravida Munntetra Kazhagam is to achieve social change through the political process. When I see self-respect marriages being preferred by young people, I am proud that I belong to this long reformist tradition.
______________
nkantan r
What the issue is not how -under / using what rites- one marries, but how to register the same within Tamil nadu.
The 2009 act says: (originally)
.....The Supreme Court of India is of the view that marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in the respective States, where the marriage is solemnized.....
....(c) “marriage” includes all marriages performed by persons belonging to any caste or religion under any law for the time being in force, or as per any custom or usage in any form or manner and also includes remarriage.
....(e) “priest” means any person who performs a marriage or any person present in the marriage referred to in section 7-A of the Hindu Marriage Act, 1955 (Central Act 25 of 1955);
.....3. Marriages to be compulsorily registered.— Every marriage performed on and from the date of commencement of this Act shall be registered under this Act notwithstanding the fact that the said marriage had been entered in the marriage registers governed by any other personal laws of the parties to the marriage or custom or usage or tradition.
....5. Memorandum of marriage.— (1) The parties to a marriage shall prepare a memorandum in such form as may be prescribed in duplicate and shall deliver it in person or send in the manner as may be prescribed, to the Registrar of the area where the marriage is performed within ninety days from the date of the marriage :
Provided that memorandum may be delivered or sent to the Registrar within a further period of sixty days after the expiry of the said ninety days with the payment of additional fee as may be prescribed.
... 7. Power to refuse registration of marriage.— (1) Where the Registrar, before whom the memorandum is delivered or sent under section 5 on scrutiny of the documents filed with the memorandum or, on the other facts noticed or brought to his notice, is satisfied or has reason to believe that,—
(a) the marriage between the parties is not performed in accordance with the personal laws of the parties, or any custom or usage or tradition ; or...
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As per complaints made to high court -by others like my nephew--, HC instructed state to modify the act. This was done in 2017:
Amendment follows series of fiats from HC
The State government on Thursday -29 June 2017- passed a Bill to amend the Tamil Nadu Registration of Marriages Act, 2009, allowing couples who have not registered their marriage beyond 150 days to be able to register it with the payment of an additional fee. The amendment was moved by Law Minister C. Ve. Shanmugam.
The amendment was made following a series of orders of the Madras High Court directing provisions to be made for registration of marriages beyond 150 days.
...
rnk
தேமொழி
Original documents on parents’ identity now needed to register Hindu marriages
nkantan r
I will peruse the circular to see if it is specific to Hindu marriages..
rnk