Gujarat recently announced a contentious proposal to reform the state’s process of registration of marriage. In a proposed amendment to the Gujarat Marriage Registration Rules, the state intends to promote the participation of parents in "love marriages" by implementing digital notifications and increasing the time for formal certification.
The Proposed Changes: Cyber Monitors and delays
As of today, the draft regulations for public feedback from the state government will become available in a draft format. The biggest change is an upgrade with the help of technology to connect marrying couples and their families.
- WhatsApp alerts: When a marriage application is entered in the 'love marriage' category (marriages carried out without the family's presence in the traditional sense), a WhatsApp message will be sent automatically to the registered mobile numbers of each parent for both the bride and groom of the marriage submission.
- The 40-Day Rule: Today, marriage certificates are typically issued soon after the ceremony or registration. The newer proposal requires a 40-day 'cooling-off' period. The official marriage certificate will only be issued on the 40th day after initial submission.
Reason for the Amendment
Sources in government say that the move aims to curb “impulsive decisions” and prevent coercion and fraud. Notifying parents, the state has claimed, is part of its defense of the “social fabric” — that families are informed of their children’s legal status and safeguard the entire family system, rather than make them question it. This follows multiple representations among local community leaders and social organizations that urged for an obligation to “bring parental signatures” for marriages — a request the government has partially accommodated with these notification rules.
Legal and Privacy Concerns
The proposal has led to an instant debate among lawyers and civil rights activists. Critics argue that:
- PRIVACY: Requires notification to parents of consenting adults may infringe on the most basic principle of privacy and the right to choose a life partner – right as provided by the Supreme Court of India.
- Safety Concern: For couples who marry against a families’ agreement because of either an inter-caste or inter-religious family separation, automatic WhatsApp notification can bring about real-time physical risk or “honor” violation threats.
- Breach of Autonomy: Critics say the 40-day suspension would amount to an adult citizen being used the same way as a minor, giving families time to intervene (or to blackmail a spouse emotionally).
Next Steps for the Draft
For thirty days, in response to objections and suggestions from the public, the Gujarat government invited them. If no major changes are made to the draft, Gujarat will then be the first Indian state to incorporate social media messaging into the formal process of marriage registration.