Kamal Ghorui
GANDHINAGAR: The BJP govt in Gujarat has proposed ‘anti-love jihad’ amendments to marriage registration rules that would require couples to inform their parents before registering their union – a move welcomed by AAP, met with silence by the Congress and flagged by legal experts as a potential constitutional violation.Under the draft rules introduced in the assembly Friday, couples seeking to register their marriage will have to submit an undertaking stating whether they have informed their parents. The assistant registrar will notify the parents of both bride and groom electronically, including over WhatsApp, or through physical communication.Registration will be granted within 30 days after verification, with all submitted details uploaded to a govt portal. Deputy CM Harsh Sanghavi, who introduced the proposed changes, said the govt had nothing against “love marriage” but couldn’t allow deception in the name of mutual consent. “Innocent girls are being trapped and such practices are spreading like termites in society. Salim masquerading as Suresh will not be allowed,” he said. Citing instances from Panchmahal district, Sanghavi said investigations were ordered after nikaah certificates were allegedly issued in villages where there was no mosque or even a single Muslim family. In villages such as Kankodakui and Nathkuva, hundreds of such certificates were allegedly issued by talati-cum-mantris (village panchayat secretaries), Sanghavi said. In the assembly, AAP legislator Hemant Ahir, who had moved a private member’s bill on similar lines earlier in the week, congratulated the govt on tabling the proposed amendments. “Changes in the rules were the need of the hour. There were several loopholes in the rules,” he said. BJP MLA Lavingji Thakor, a strong proponent of stricter norms, said the move would benefit families of all communities. Congress stayed mum. Several community organisations, including those representing the Patidar and Kshatriya Thakor groups, have long pressed for mandatory parental involvement in love marriages. Over the past three months, as many as 30 meetings were held between the state govt and representatives of various organisations to finalise the changes. Legal experts said the proposal might not stand judicial scrutiny. “This infringes upon the fundamental rights guaranteed under Article 21 of the Constitution,” said advocate Mahesh Baria. Fellow advocate Nilesh Bhavsar said while the govt had described the measure as mere intimation, parental objections could potentially influence registration decisions, leading to litigation.
