NEW PUNJAB LAWS – A MILESTONE ACHIEVED

NEW LAWS DEFINED

The Punjab Compulsory Registration of Marriages Act, 2012 and The Punjab Prevention of Human Smuggling Act, 2012, which have both been recently approved by the Punjab Legislative Assembly on 21 December 2012 have become laws in State of Punjab. Both new laws seek a milestone to achieve. Punjab will be first State of the country to enact a Human Smuggling Law to provide for the regulation of the profession of travel agents with a view to check and curb their illegal or fraudulent activities. Likewise, even though compulsory Registration of Marriages is now provided in most States, however, Punjab will be first State to make marriages of Non-resident Indian and foreign nationals also compulsory in the State of Punjab. These initiatives are the product of a long exercise which will help resolving maladies plaguing the system intrinsically as a result of lack of legislations to curb new generation problems created by a migratory regime of 30 million NRIs living in 180 nations overseas.

PUNJAB COMPULSORY REGISTRATION OF MARRIAGES ACT, 2012

COMPULSORY MARRIAGE REGISTRATION OF NRI MARRIAGES IN PUNJAB

The Hindu Marriage Act, 1955 (HMA) leaves it open for every State Government to enact compulsory provisions for Registration of Marriages. The Supreme Court in 2006 in Seema vs Ashwani Kumar issued a mandate to all States to make registration of marriage compulsory by enacting legislations. This directive led to the enactment  of The Punjab Compulsory Registration of Marriages Act 2012, providing for compulsory registration of marriages solemnized under any law governing the parties irrespective of their religion, caste, creed or nationality. Any marriage solemnized in Punjab is now compulsorily registerable  and    even marriages solemnized outside the State of Punjab can be registered  at a place  where parties have their temporary residence in Punjab. However, if the marriage is already registered elsewhere, it shall not be registered again in the State of Punjab.

DEFINITION OF NRIs IN THE NEW LAW

The most prominent feature of the new marriage law is the definition of a “non resident Indian” to mean a person of Indian origin who is either permanently or temporarily settled outside India for employment, business, vocation or any other purpose indicating a uncertain or determined period of overseas stay. Likewise, a “foreign national” has been defined to mean a person who is not a citizen of India and shall include Persons of Indian Origin (PIO) and Overseas Citizens of India (OCI) who are defined under the Citizenship Act, 1955 and mean foreign nationals of Indian Origin who have earlier been Indian Citizens or qualify for Indian citizenship.     

NRI MARRIAGES IN THE LOOP

The law in the making provides that every marriage between parties who are Indian nationals or NRIs or foreign nationals solemnized or performed in the State of Punjab, irrespective of religion, caste, creed or nationality shall also be registered in the State of Punjab. The most significant feature would be that for every NRI or foreign national, it would be mandatory to disclose in writing his/her passport number, country of its issue, period of its validity besides permanent residential/official address of overseas abode with social security number or any such permanent identification proof issued by his foreign country. All this information will be entered in the marriage certificate and the marriage register. Marriage would mean and include marriages solemnized or performed under Hindu Laws, Anand Marriage Act, Muslim personal law or under Indian Christian Marriage Act besides any other custom or personal law relating to marriages governing  the parties.

 REGISTRATION  REGIME  DEVISED

The  new law  will notify Chief, District and Additional Registrars of Marriages or other Officers to be Registrar of Marriages for free and easy accessibility in cities, towns and  tehsils. The Registrars  so designated , shall upon scrutiny verify that the marriage between the parties has been performed in accordance with the personal law of parties to confirm their marital status and identities. A memorandum of marriage  signed by the parties and their priest will be presented to the concerned Registrar within  three months of marriage in the jurisdiction where the marriage was solemnised or where parties have  temporary residence if they were married outside Punjab. Refusal  to register shall be appealable and the Registrar may also suo moto or on notice call parties and  register any marriage performed in his jurisdiction. Any erroneous or fraudulent  entry in a marriage register may be corrected or cancelled after giving  opportunity of hearing to persons concerned.

NON- REGISTRATION NOT TO INVALIDATE MARRIAGES

The new law states that no marriage shall be deemed to be invalid solely by the reason or the fact that it was not registered. This shortcoming is attributed to codified personal marriage laws of parties in India by which performance of essential ceremonies and not registration validates a marriage between parties. Hence, a State enactment cannot undo a law made by Parliament prescribing only ceremonies for recognition of a valid marriage. Consequently, resorting to compulsory registration may have to develop more as a accepted societal norm and practice for the law to gain recognition. ailingThe fact remains that Punjab has taken the lead to register NRI Marriages which will help in curbing matrimonial frauds  to ameliorate the plight of ailing “Nowhere Holiday Wives”. Punjab would do equally well if it were to constitute Family Courts in every district in Punjab under the existing Family Courts Act, 1984, to provide speedy justice to abandoned spouses and deserted children as well. Prevention is better than cure but redressal of issues arising out of a broken or limping matrimonial relationship must be remedied too simultaneously.