GANDHINAGAR — Deputy Chief Minister Harsh Sanghvi informed the state assembly that the overhaul is designed to prevent “identity concealment” and protect women from exploitation. While the government maintains it does not oppose “genuine love,” the new framework introduces a layer of bureaucracy that directly impacts couples marrying without family consent.
Key Proposed Changes:
- Parental Declaration: Applicants must state whether they have informed their parents. The application must include the names, Aadhaar details, and contact information of the parents of both the bride and groom.
- Official Notification: Once an application is filed, the assistant registrar will inform the parents within 10 working days.
- Mandatory Waiting Period: A marriage certificate will only be issued 40 days after the initial application, providing a window for verification or objections.
- Location Shift: Registrations will move from local revenue offices (Talati-cum-Mantri) to government courts to ensure stricter legal oversight.
- Public Portal: All marriage details will be uploaded to a dedicated government online portal for transparency.
“Salim Posing as Suresh”: The Political Context
The move is explicitly tied to the government’s crackdown on what it terms “Love Jihad.”
“There is no objection to love,” Sanghvi told the House. “But if some Salim posing as a Suresh traps a girl, we will not spare them.”
The Minister cited recent “bogus marriages” in the Panchmahal district as a trigger for the reform. Interestingly, the move found rare bipartisan support, with senior Congress leader Geniben Thakor welcoming the amendments as a necessary step to protect daughters from “deception and exploitation.”
Legal Framework: Proposed vs. Existing
| Feature | Existing (2006 Rules) | Proposed (2026 Amendment) |
| Parental Notice | Not required for adults. | Mandatory notification by Registrar. |
| Processing Time | Often immediate or within days. | 40-day mandatory cooling period. |
| Authority | Local Talati-cum-Mantri. | Government Courts/Registrars. |
| Documentation | Basic ID and two witnesses. | Aadhaar, Birth Certs, School Leavers, and Parent IDs. |
Constitutional Concerns
While the state government frames this as a “safety mechanism,” legal experts suggest the rules may face challenges in the High Court or Supreme Court. Critics argue that mandating parental notification for consenting adults (aged 18+ for women and 21+ for men) may infringe upon the Right to Privacy and the Right to Marry a person of one’s choice, as upheld in the Hadiya and Puttaswamy judgments.
Next Steps for the Public
The Gujarat government has opened a 30-day window for public feedback on these draft rules. A special committee will review all suggestions and objections before the final notification is issued.