Anand Marriage Act| UPSC CSE

Anand Marriage Act

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Context:

National Commission of Minorities Holds Meeting with States/UTs to Discuss Implementation of Anand Marriage Act.

History of Anand Marriage Act, 1909:

Origins:
- The Anand Marriage Act of 1909 was introduced and passed under the guidance of the Maharaja of Nabha, Tikka Ripudaman Singh, with assistance from Bhai Kahan Singh Nabha.
Legal Recognition:
- The Act aimed to clarify and legally recognize the Sikh marriage ceremony called Anand Karaj to remove doubts about its validity.
Jurisdiction and Applicability:
- Initially applicable to all of India, the Act's jurisdiction was later restricted in 1959 by Act No. 48, excluding Jammu and Kashmir, where marriages were registered under the Hindu Marriage Act, 1955.
Post-Independence:
- Post-independence, Sikhs faced identity issues as they were included under the Hindu Marriage Act, 1955, despite Sikhism being a distinct religion.
- This led to demands for separate identity and registration of marriages under their own Act to preserve their religious autonomy and identity.
- Despite misconceptions that the Act became redundant post-independence, it was continued by the Merged States (Laws) Act, 1949, and subsequently amended in 1959 and 2012.
- The 2012 amendment addressed the need for exclusive registration of Sikh marriages under the Anand Marriage Act, separate from other registration laws.
Amendment of 2012:
- According to the amended bill, couples whose marriages have been registered under this Act will not be required to get their marriage registered under the Registration of Births, Marriages and Deaths Act, 1969 or any other law for the time being in force.

Current Status:

While the central government approved the amendments, it was left for individual states and Union territories to frame respective rules for the registration of Anand marriages.
Jammu and Kashmir Anand Marriage Registration Rules, 2023' has been framed for the registration of "Anand marriages", under which tehsildars concerned shall be the registrar of such marriages within their respective territorial jurisdiction, as per a government notification issued.

Significance:

The Act ensures that Sikh marriages solemnized under the Anand Karaj ceremony are legally recognized and distinct from Hindu marriages, preserving Sikh religious identity.
It emphasises the autonomy of Sikhs in matters of marriage registration, in accordance with Article 25 of the Indian Constitution, which guarantees the freedom to practise and propagate religion.

Source:

https://pib.gov.in/PressReleasePage.aspx?PRID=2031572

PRACTICE QUESTION

Q. Consider the following statements about the Anand Marriage Act, 1909 and its amendments:

1. The Act was originally introduced under the guidance of Bhai Kahan Singh Nabha.

2. The Act's jurisdiction covered all of India until it was amended in 1959 to exclude Jammu and Kashmir.

3. The 2012 amendment required marriages registered under the Anand Marriage Act to also be registered under the Hindu Marriage Act, 1955.

4. The Act became redundant after Indian Independence in 1947 and was not continued through subsequent legislation.

How many of the above statements about the Anand Marriage Act, 1909 and its amendments is/are correct?

A.Only one

B. Only two

C. Only three

D All four

Answer: B

Explanation:

●Statement 1 is incorrect: The Anand Marriage Act of 1909 was introduced under the guidance of Maharaja of Nabha, Tikka Ripudaman Singh, with assistance from Bhai Kahan Singh Nabha. Bhai Kahan Singh Nabha played a significant role in the legal and cultural aspects of Sikhism but was not directly involved in the introduction of this specific legislation.

●Statement 2 is correct: Initially, the Anand Marriage Act, 1909 applied to all of India. However, in 1959, Act No. 48 was passed, which excluded Jammu and Kashmir from the Act's jurisdiction. This amendment was significant as it affected the applicability of the Anand Marriage Act in different regions of India.

●Statement 3 is incorrect: The 2012 amendment to the Anand Marriage Act aimed to provide exclusive registration for Sikh marriages under the Anand Marriage Act. It did not require dual registration under the Hindu Marriage Act or any other laws. The amendment sought to maintain the distinct identity of Sikh marriages under their own legal framework.

●Statement 4 is incorrect: The Act continued to be in force post-independence and underwent amendments to address evolving legal and societal needs.