Report No. 270

8.11 The Law Commission of India is of the opinion that compulsory registration of marriages is a necessary reform and recommends the amendment of the Registration of Births and Deaths Act, 1969 suitably to include compulsory registration of marriage as well within its scope so that existing administrative machinery is able to carry out registration. Further, for this purpose i.e. compulsory registration of marriages including births and deaths the Commission recommends adoption of complete automation process by using the process of paperless documentation so the greatest extent possible.

8.12 The Commission is in favour of retaining the provisions in the Registration of Birth and Death (Amendment) Bill, 2015 regarding (i) penalty of rupees five per day in case of non-registration of marriage without a reasonable cause; (ii) providing false information regarding the registration of marriage; and (iii) refusal to furnish certain information, such as name and address.

8.13 However, the penalty so imposed should be made with respect to specific date subject to a maximum of rupees one hundred keeping in view the prevailing conditions in our country.

1 "30% women married under age 18", The Indian Express (May 31, 2016).

2 "Kerala tops states with pending matrimonial cases in family courts", The Indian Express (Jan 8, 2017).

3 See Kanagavalli v. Saroja, AIR 2002 Mad 73.

4 In view of such fraudulent marriages, Punjab made registration of marriages compulsory through the Punjab Compulsory Registration of Marriages Act 2012.

5 Committee on Empowerment of Women (2006-2007), Ministry of Overseas Indian Affairs and Ministry of External Affairs (Fourteenth Lok Sabha) "Twelfth Report on the Plight of Indian Women deserted by NRI Husbands"(Aug. 2007).

6 2006 (2) SCC 578.

7 Law Commission of India, "211th Report on Laws on Registration of Marriage and Divorce - A proposal for Consolidation and Reform" (Oct., 2008).

8 See Biswajit Ghosh, "Child Marriage, Society and the Law:

A Study in a Rural Context in West Bengal, India" 25(2) International Journal of Law, Policy and the Family 199 (2011).

9 "Civil Registration Systems", available at: https://unstats.un.org/unsd/demographic/sources/civilreg/ (last visited on June 18, 2017).

10 Section 5 of the Act reads:

"(1) Where a marriage is solemnized by the Nikah Registrar himself, he shall register the marriage at once.

(2) Where a marriage is solemnized by a person other than the Nikah Registrar, the bridegroom of the marriage shall report it to the concerned Nikah Registrar within thirty days from the date of such solemnization.

(3) Where solemnization of a marriage is reported to a Nikah Registrar under sub-section (2), he shall register the marriage at once.

(4) A person who contravenes any provision of this section commits an offence and he shall be liable to be punished with simple imprisonment for a term which may extend to two years or with fine which may extend to three thousand taka, or with both."

11 Section 17(1) of the Act reads: "Save as hereinafter expressly provided, every marriage contracted between Muslims after the commencement of this Act shall be registered, as hereinafter provided, immediately upon the conclusion of Nikah ceremony connected therewith."

12 Supra note 6.

13 Supra note

14 See Department Related Parliamentary Standing Committee On Personnel, Public Grievances, Law and Justice , "Fifty Fifth Report on the Registration of Births And Deaths (Amendment) Bill, 2012 (2013).

15 Supra note 6.

16 AIR 2002 Mad 73

17 Ibid.

18 (2008) 151 PLR 326

19 See also Najma v. Registrar General of Marriages & Anr, 2012 (1) KHC 655

20 Deepu Dev v. State of Kerala AIR 2013 Ker 51.

21 (2014) 7 MLJ 651

22 2009 (111) Bom LR 3974

23 "Problems Relating to NRI Marriages", available at: http://ncw.nic.in/pdffiles/nridodont.pdf (last visited on April 26, 2017).

24 Delhi Commission for Women & Anr. v. Union of India & Anr., W.P. was called on 21.04.2014for hearing and dismissed as withdrawn.

25 Supra note 6.

26 Supra note 6.

27 Article 16(2), Convention on the Elimination of All Forms of Discrimination against Women, A/RES/34/180, (Dec.18, 1979), and CEDAW

28 National Human Rights Commission, "Annual Report" (1995-96) para 4.6, available at :http://nhrc.nic.in/ar95_96.htm (last visited on May 3, 2017).

29 Planning Commission of India, "Report of the Steering Committee on Empowerment of Women and Development of Children for the Eleventh Plan" (2006), available at :http://planningcommission.nic.in/aboutus/committee/strgrp11/str11_wcd.pdf (last visited on May 4, 2017).

30Supra note 5.

31 National Commission for Women, Draft on the Compulsory Registration of Marriages Bill, 2005, available at:http://ncw.nic.in/pdffiles/compmarriagebill.pdf (last visited on May 4, 2017).

32 2013 CriLJ 3458.

33 Ibid.

34 I. Mulla, Commentary on Mohammedan Law (Dwivedi Law Agency, Allahabad, 2013).

35 (1928) 30 Bom LR 1346.

36 Seventh schedule, Constitution of India.