The Anand Marriage Act, 1909

Source: Indian Express  

Introduction  

The Supreme Court recently directed 17 states and eight Union Territories to establish registration rules for Sikh marriages under the Anand Marriage Act, 1909, within four months. Until these rules are in place, states must register Anand Karaj marriages under existing frameworks. This follows a 2022 petition by advocate Amanjot Singh Chaddha, which highlighted states’ failure to provide registration mechanisms, denying Sikh couples statutory rights and equal access to legal protections. 

How Has the Anand Marriage Act Evolved Since 1909? 

• The Anand Marriage Act was enacted in 1909 during British rule to provide legal recognition to "Anand Karaj," the traditional Sikh marriage ceremony. The Anand Karaj ceremony itself has ancient roots, having been first introduced by Guru Amar Das Ji, the third Guru of the Sikhs. The term means "act towards happiness" or "act towards a happy existence," reflecting the spiritual foundation of Sikh matrimonial traditions. 
• The ceremony centers around the 'lavan,' wherein sacred hymns are sung while the bride and groom circumambulate the Guru Granth Sahib four times. This ritual, composed by Guru Ram Das, the fourth Sikh Guru, represents the spiritual journey of married life and distinguishes Sikh marriages from Hindu matrimonial practices. 
• Despite existing for over a century, the 1909 Act remained largely unimplemented until 2012. The original legislation served primarily to legally recognize Anand Karaj ceremonies but contained a critical gap—it lacked provisions for marriage registration. Prior to the 2012 amendment, all Sikh marriages were compulsorily registered under the Hindu Marriage Act, 1955, denying Sikhs distinct legal recognition of their matrimonial customs. 
• The Anand Marriage (Amendment) Act, 2012, passed by both houses of Parliament, addressed this deficiency by introducing Section 6, which mandated state governments to create registration rules. The Amendment established that couples registering under the Anand Marriage Act would not require registration under any other matrimonial law, theoretically establishing legal autonomy for Sikh marriages.

What Practical Problems Do Sikh Couples Face Without Proper Registration? 

• Despite the 2012 Amendment, the majority of states failed to implement registration frameworks, creating practical hardships for Sikh couples. Without marriage certificates, couples face significant obstacles in establishing legal rights related to property, inheritance, maintenance, and succession matters. 
• The Supreme Court recognized this administrative failure, stating that the lack of registration machinery "withholds the very evidentiary and administrative benefits that Parliament has conferred." The Court established a "positive duty" on state governments to create functional registration systems and prohibited rejection of applications solely due to absent state rules. 
• The Supreme Court's directive represents a significant step toward ensuring equal access to matrimonial rights for Sikh couples. The Court's secular framework approach acknowledges religious identity while maintaining civic equality, establishing that Anand Karaj marriages should receive equivalent treatment to other recognized marriages. 
• However, the directive does not address the Act's structural inadequacies. The lack of comprehensive matrimonial provisions means Sikhs remain partially dependent on Hindu marriage laws, potentially compromising their distinct religious legal identity. 

What are the Key Provisions of the Anand Marriage Act, 1909 and the 2012 Amendment? 

• Section 1 establishes territorial jurisdiction across India, while Section 2 provides blanket validation for all Anand Karaj ceremonies, whether solemnized before or after the Act's enactment. 
• Sections 3 and 4 create specific exemptions and savings clauses, limiting application to Sikh practitioners while preserving validity of other customary Sikh marriage ceremonies. Section 5 incorporates traditional Sikh prohibitions regarding consanguinity and affinity, referencing customary law without detailed specifications. 
• The critical Section 6, added through the 2012 Amendment, establishes registration mechanisms but reveals fundamental deficiencies. While subsection (1) mandates state rule-making for registration procedures, subsection (3) explicitly states that registration omission cannot invalidate marriages, undermining registration's legal significance. Subsection (5) attempts to establish legal autonomy by preventing dual registration requirements.

Why Do Legal Experts Consider the Anand Marriage Act Inadequate? 

• While the Supreme Court's directive addresses immediate registration concerns, legal experts and community leaders highlight fundamental inadequacies in the Act itself. The legislation spans merely one page with approximately ten provisions, contrasting sharply with the comprehensive Hindu Marriage Act, 1955, which contains detailed procedural and substantive provisions. 
• The most significant limitation is the absence of divorce and matrimonial dispute resolution mechanisms within the Anand Marriage Act. Consequently, Sikhs seeking divorce must resort to the Hindu Marriage Act, 1955, undermining the separate legal identity the original Act intended to establish. 

What is Community Perspectives and Religious Considerations 

• Sikh religious leaders emphasize that Anand Karaj ceremonies, conducted in the presence of Guru Granth Sahib, carry profound spiritual significance emphasizing lifelong marital commitment. Former Akal Takht Jathedar Giani Gurbachan Singh highlighted this religious perspective, noting the ceremony's emphasis on perpetual marital bonds. 
• Community leaders argue that the current framework provides only symbolic recognition rather than substantive legal autonomy. Gurcharan Singh Grewal, former SGPC general secretary, contends that Sikhs lack recognition as a distinct community comparable to Muslims and Christians, who possess comprehensive personal law frameworks. 

Conclusion  

The Supreme Court’s intervention provides immediate relief for registration issues under the Anand Marriage Act, but experts emphasize the need for comprehensive reform. A complete matrimonial framework should address divorce, maintenance, custody, and property rights while respecting Sikh religious principles. The situation raises broader questions about balancing religious community rights with India’s legal framework. The effectiveness of the directive will depend on state compliance and the establishment of practical, accessible registration procedures that honor both legal requirements and Sikh traditions.