Arya Samaj Not Authorized To Provide Marriage Certificates-SC
D.D:-3 June, 2022
On Friday, the Supreme Court refused to accept a marriage certificate issued by Arya Samaj while considering the bail application of an accused charged with kidnapping and raping a minor in violation of Sections 363, 366A, 384, 376(2)(n), and 384 of the Indian Penal Code and Section 5(L)/6 of the POCSO Act.
The vacation bench of Justices Ajay Rastogi and BV Nagarathna rejected the counsel’s arguments that the prosecutrix who had levelled allegations of rape was a major girl and that the petitioner and the prosecutrix had already been married at Arya Samaj “Arya Samaj has no right to issue marriage licences. This is the responsibility of authority. Display the actual certificate.”
It should be noted that on April 4, the Supreme Court agreed to hear a petition challenging a Madhya Pradesh High Court order directing the Arya Samaj organisation Madhya Bharat Arya Pratinidhi Sabha (“Sabha”) to comply with the provisions of the Special Marriage Act, 1954 (“SMA”) when solemnising marriages.
A bench composed of Justices K.M. Joseph and Hrishikesh Roy issued notice and stayed the operation of a High Court order directing the Sabha to amend its Guidelines dated 26.08.2016 by incorporating the provisions of Sections 5, 6, 7, and 8 of the SMA within one month.
Recently, the Allahabad High Court ordered an investigation into the certificates issued by an Arya Samaj temple’s “Pradhan.”
SUNIL LORA
V/S
THE STATE OF RAJASTHAN
