Recently, the Allahabad High Court directed the Arya Samaj Pratinidhi Sabha, Lucknow, to provide critical documents and explanations on its marriage solemnization practices, highlighting serious concerns over compliance and authenticity in marriage registrations.
The court had instructed the Arya Samaj Pratinidhi Sabha to submit comprehensive records, including trust deeds, office bearers’ details, and resolutions on marriage regulations on marriage regulations. Despite a compliance affidavit being filed, concerns arose due to the Inspector General of Registration’s delay and lack of urgency. The petitioners challenged the validity of numerous marriages solemnized by various Arya Samaj institutions, citing discrepancies and potential violations of legal standards.
The petitioners contended that many marriages facilitated by the Arya Samaj Institutions were invalid due to breach of the Child Marriage Restraint Act and the Hindu Marriage Act. They highlighted issues such as forged documents, incorrect addresses and fraudulent affidavits. The need for a robust verification system and accountability of the trusts and societies was emphasized, asserting that these irregularities could lead to significant legal and social consequences.
The court observed that the principal secretary (Stamp & Registration), Lucknow must personally supervise the implementation of the Court’s orders. This supervision is essential to ensure compliance by the next hearing. Should there be any failure to meet the required terms, the Principal Secretary is mandated to file a personal affidavit explaining the reasons for non-compliance.
The court highlights, “In essence, such marriages lead to human trafficking, sexual exploitation, and forced labor. Children endure emotional and psychological trauma caused by social instability, exploitation, coercion, manipulation, and the disruption of their education. Additionally, these issues place a significant burden on the courts. Therefore, a robust system for document verification and ensuring the accountability of trusts and societies needs to be developed”.
The court further noted significant issues revealed by a police investigation into the Arya Samaj trusts/societies. These issues included discrepancies in trust affiliations, violations of marriage laws, fraudulent documents, and incorrect details. Such findings indicate severe inadequacies in the verification process and the operations of these trusts.
The court instructed the commissioners of Police for Gautam Budh Nagar and Ghaziabad to conduct a thorough and discreet investigation into the implicated trusts/societies. The investigation should include profiling key individuals, examining financial transactions, and understanding how these trusts solicit and support eloped couples. The court further noted in its order that a detailed report of the investigation is required to be submitted by the Commissioners of Police before the next hearing. This report should cover general findings and include any discreet information in a sealed envelope if necessary.
The court also directed the Registrar to ensure that this order is communicated to all relevant authorities, including the Principal Secretary (Stamp & Registration), DIG Meerut Range, and the Commissioner of Police for Ghaziabad and Gautam Budh Nagar. The case, along with 42 other related petitioners, is scheduled for further hearing on September 26, 2024.
Case Title: SHANIDEV & ANR. vs. STATE OF U.P. & ORS.
Citation: WRIT – C No. – 22491 of 2024
Coram: Justice Vinod Diwakar
Order Date: 03.09.2024
Advocate for Petitioner: Adv. Ranjeet Kumar Yadav
Advocate for Respondent: C.S.C.