Proposed Amendments to Gujarat Marriage Registration Rules Unconstitutional: NAJAR, NAPM

In an open and detailed letter to the Additional Chief Secretary, Government of Gujarat, Health and Family Welfare Department, both NAPM & NAJAR Gujarat have detailed their objections and strongly opposed the proposed ‘unconstitutional’ amendments to the Gujarat Marriage Registration Rules, notified on February 20, 2026. The two collectives have demanded their immediate withdrawal.

Members of National Alliance for Justice, Accountability and Rights (NAJAR – Gujarat) – a pan Indian collective of progressive lawyers and law professionals and the National Alliance of People’s Movements (NAPM Gujarat), along with many civil society organizations of the state have strongly objected to the proposed amendments to the Gujarat Registration of Marriages Rules, 2006, notified on February 20, 2026. The groups have urged the State Government to withdraw the draft, citing serious concerns over constitutionality, privacy, and individual freedoms.

In a detailed letter of objections submitted to the Additional Chief Secretary, Government of Gujarat, Health and Family Welfare Department, these organizations have stated that the proposed amendments introduce provisions requiring submission of Aadhaar details, mandatory disclosure of whether parents have been informed, and the sharing of parents’ contact information. Further, authorities would be required to notify parents of a marriage application and impose a 30-day waiting period before registration.

According to the both organisations, these provisions are unconstitutional and violate fundamental rights, particularly the right to privacy, personal liberty, and individual autonomy. They argue that the amendments go beyond the scope of the parent legislation and impose unwarranted state intrusion into personal decisions of consenting adults.

A key concern raised is the mandatory parental intimation, which undermines the legally recognised right of adults to marry a person of their choice without interference. The groups warn that such provisions could expose couples—especially those in inter-caste, interfaith, or socially sensitive relationships—to harassment, violence, and even “honour-based” crimes. The autonomy granted to adult citizens to make marriages of choice has been a factor of Indian secular life since the enactment of the Special Marriages Act of 1954.

The amendments are also being criticised for failing the proportionality test laid down by the Supreme Court in privacy jurisprudence, as they lack clear necessity, legal backing, and a rational connection to their stated objective. Civil society groups noted that there is no empirical evidence justifying such sweeping measures.

Additionally, the proposal is seen as potentially deepening caste and religious divisions, discouraging inter-community marriages, and enabling misuse of laws such as the Gujarat Freedom of Religion Act through false complaints by disapproving family members.

The impact on women’s autonomy and LGBTQIA+ individuals has been highlighted as particularly concerning. The requirement of parental involvement could reinforce patriarchal control over women’s choices and further endanger queer and transgender individuals who often face familial violence and coercion.

The groups have also expressed alarm over proposals for digitized and publicly accessible marriage records, warning that such measures could lead to misuse of personal information and threaten individuals’ safety and dignity.

In conclusion, the organisations stated that instead of addressing genuine concerns, the amendments risk discouraging marriage registration altogether, thereby undermining the very purpose of the law.

NAJAR (Gujarat) and NAPM (Gujarat) –in a joint statement issued –have both called for the immediate withdrawal of the draft amendments and urged the government to uphold constitutional values, individual freedoms, and the right to dignity and choice.

The actual communication may be read below:

To,                                                                                                       Dated: March 19, 2026

The Additional Chief Secretary,

Government of Gujarat,

Health and Family Welfare Department,

New Sachivalaya,

Gandhinagar – 382010

Subject: Objections to the Proposed Draft Amendment to the Gujarat Registration of Marriages Rules, 2006  (Notification dated February 20,  2026) and Demand for Withdrawal of Proposed Draft

Sir/Ma’am,

We, individuals, organizations and collectives associated with the National Alliance for People’s Movements Gujarat and National Alliance for Justice, Accountability, and Rights, Gujarat, would like to convey our grave worries and formal objections to the proposed amendment to the Gujarat Registration of Marriages Rules, 2006 announced by the government of the state of Gujarat vide notification No. GHY/02/HFWD/102026/5/B1 dated 20.02.2026.

The way in which the proposed amendment aims to achieve its supposed intention (according to media statements issued by the Home Minister) of cracking down on those men who misrepresent their identities to women and fraudulently marry them appears to be severely misguided and is likely to cause more damage to the personal liberties of a large segment of the state as well as a long term disintegration of the society along religious and caste lines. The new rules are in clear contravention of the Articles 19, 21 and 51A (e) of the Indian Constitution and therefore unconstitutional. With respect to this, we the undersigned, demand withdrawal of the proposed draft amendment to the Gujarat Registration of Marriages Rules, 2006.

We hereby submit the following key rule-wise objections:

1. Objection against insertion of Rule 4 (3)(b)

Rule 4(3) prescribes for the mandatory accompanied documents with the memorandum, which already included identity establishing documents in 4(3)(a) and age verifying document as per 4(3)(c). There is thus no requirement of insertion of 4(3)(b) for submission of Aadhaar card. The courts [1]have time and again held that citizens cannot be denied basic services/entitlements/benefits for mere refusal to submit Aadhaar number. Further, it acts as an invasion of privacy even more so witnesses to the marriage. 

2. Objection against insertion of Rule 4 (5)

Through the insertion of Rule 4 (5), a declaration by both parties is required stating if their parents, have or have not been informed of the marriage, which is categorically submitted to be baseless, unconstitutional and beyond the scope of rule-making power of the state.

• At the outset, the power to make rules by the State Government in Section 21 of the parent act in particular, specifically matters described in Section 21(2)(a) to (f); the requirement of information to parents does not fall under the ambit of the same.
• The Gujarat Registration of Marriages Act, 2006, The Special Marriages Act, nor the personal laws from The Hindu Marriage Act, 1955, The Muslim Personal Law (Shariat) Application Act, 1937, The Indian Christian Marriage Act, 1872, and The Parsi Marriage and Divorce Act, 1936, there exists no requirement for the parties to marriage to inform/show consent/witness of their parents. In fact in Hindu Marriages Act, 1955, in 1978 amendment the farthest resemblance to guardians consent was also removed.

3. Objection against insertion of Rule 4(6)

Unequivocally, the insertion of this proposed sub-rule requiring both parties to submit not only the name of their parents, but their ordinary place of residence as well as mobile number- is fundamentally capricious, manifestly arbitrary and in violation of Fundamental Rights under Art 14 and 21. While details of parents of the parties is already submitted in the Memorandum of Marriage (as expanded in the Schedule under Section 5) the requirement of mobile number violates the ‘proportionality test’ for state intrusion to privacy rights. Further, it exceeds the scope of the parent act. The preamble of 2006 Act focuses on registration for evidence, not notification for parental oversight.

4. Objection against insertion of Rule 4 (7)

The proposed rule provides for Assistant Registrar to ‘expeditiously’ within 10 days intimate the parents of the parties about the memorandum submitted by the parties to the marriage and to their concerned Registrar in that jurisdiction as well. The amendment read with Rule 4(6) is patently illegal exercise of delegated legislative power by the state.

1. The parent Act does not empower the state to change a procedural statute of an already solemnized marriage. Even though registration has been mandatory, mere non-registration cannot change the legal status of a solemnized marriage. The proposed amendment in the Rule 4(7) read with Section 8 of the Gujarat Registration of Marriages Act, 2006 and conditions laid down for a valid marriage in the Special Marriages Act, nor the personal laws can lead to unnecessary objections being raised by the family and other parties leading to delay in registration and harassment of parties to marriage.
2. The requirement to ‘send intimation to the parents expeditiously’ is a blatant discrimination against adults choosing their partners. Multiple judicial pronouncements have reaffirmed the right to marry as an integral part of the fundamental right to life and personal liberty. As the Supreme Court held in 2021[2]:-
   “We are fortified in our view by earlier judicial pronouncements of this Court clearly elucidating that the consent of the family or the community or the clan is not necessary once the two adult individuals agree to enter into a wedlock and that their consent has to be piously given primacy. It is in that context it was further observed that the choice of an individual is an inextricable part of dignity, for dignity cannot be thought of where there is erosion of choice. Such a right or choice is not is not expected to succumb to the concept of “class honour” or “group thinking”.
3. It is submitted that this proposal violates the intrinsic right to privacy of individuals, In Puttaswamy, [3]the Supreme Court held that any state restriction on privacy must satisfy the tripartite test of legality, necessity and proportionality. The proposed rule-making power fails on all three counts: it lacks legality by infringing upon the fundamental right to life and liberty under Article 21 without statutory authority; it fails to substantiate the necessity of piercing established matrimonial autonomy or settled questions of law; and it is not proportional to the alleged objective of preventing “forced conversions” which remains a speculative concern that has not been statistically substantiated by the State to justify such a sweeping and coercive intrusion.

5. Objection against insertion of Rule 4(8)

The proposed rule 4(8) provides for registration of marriage after thirty dates from receipt of memorandum; upon being satisfied’ of compliance with sub-rules (1) to (7).

• Firstly, the proposed rule fails to provide any determining principle or purpose for this moratorium period of 30 days. While the underlying requirement of parental intimation is itself unconstitutional as substantantiated above, the rules remain silent on the consequences of this notice mentioned in Rule 4(7), and in event of no prescribed procedure merely serves as a baseless procedural hurdle with no nexus with marriage registration.
• Secondly, the proposed insertion is not in conformity with the Section 8 of the Gujarat Registration of Marriages Act, 2006. It is important to remember that Gujarat Registration of Marriages Act, 2006 is the parent act under which the rules are framed that are proposed to be Section 8 of the Act provides for the power to refuse the registration of marriage. The said section provides for only three specific circumstances in which the registration may be refused. Which is (a) marriage is not performed in accordance with the personal law of the parties, (b) the identity of the parties, or the witness or the priest is not established beyond reasonable doubt or (c) the documents tendered do not prove the marital status of the parties. When the scope of the refusal of the registration of the marriage is circumscribed by the parent legislation, the rules made thereunder cannot go beyond the same.

Additional suggestions/comments: 

Unclear Objectives

At the very outset, the prima facie un-tenability of the amendments lies in the absence of any clear and coherent objectives for their introduction. Any amendment to an existing law or rules should have nexus with a legitimate state goal in public interest. The stated intention at the time of the tabling the draft of new rules in the Vidhan Sabha are rather vague in nature and are also not substantiated by any empirical evidence either. The proposed amendments do not seem to fill any legal laps previously left in the light of Sections 4 and 5 of both the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 which lay out the conditions of a valid marriage per the respective legislations.

Threat to Personal Liberties

The new provision whereby both sets of parents of a couple shall be informed upon their attempt to register a marriage is antithetical to the principle of an individual’s right to choose. The very reason that we have a minimum age for marriage is the underlying belief that an adult has both the right and the capacity to choose their partner.

The practice of “honour killings” of inter-caste or interreligious couples has seen a sharp increase in India as per the data of the National Crime Records Bureau released in 2025, which is itself believed to underestimation. Necessitating the involvement of the parents in the process of marriage registration can directly put people’s lives at risk. The violence is often not only limited to the couple itself, but can engulf two communities in a bitter and long-term conflict that ends up destroying several lives.

Promotion of Casteism & Religious Divisions

Caste and religious lines continue to divide our country. While the marked increase in the beneficiaries of the ‘Dr. Savitaben Ambedkar Inter-Caste Marriage Assistance Scheme’ (being the most relevant indiactor of inter-caste marriage trends in Gujarat) is a positive sign, the overwhelming majority of marital relations in our society are endogamous in nature. The general trend in this regard suggests that the younger generation i.e. those who are going to marry in the foreseeable future are relatively more open to the idea of inter-caste and interreligious marriage. Informing the parents of the marrying parties effectively creates an obstruction only for those parties whose parents would not agree to the marriage on religious or caste lines.

A form of retaliation by the parents opposed to the registration of such marriages may be by filing a false case under the Gujarat Freedom of Religion Act, 2001. Section 3A of the Act empowers a relative of the “aggrieved person” to file a complaint of attempt to convert into a religion, and Section 6A of the Act puts the burden of proof on the accused to disprove the presence of fraud, coercion or allurement, failing which the accused shall have to face criminal charges. The additional requirement of intimation to parents of individuals may lead to criminalization of bonafide marital relationships in case the parents disapprove their marriage by way of criminal complaint under the Gujarat Freedom of Religion Act – effecting inter-faith marriages between two consenting adults.

Women’s Autonomy

Empowering parents to have a say in the marital decisions of woman, or in many instances being the decision maker on the woman’s behalf has been the primary way through which the power structures of caste and religion are preserved, as has been elucidated by Dr. B.R. Ambedkar in his seminal Castes in India. Provisions like the one being advanced by the government of Gujarat tend to control the lives and choices of women at a disproportionately higher rate than men. In the case of Shafin Jahan v. Ashokan K.M. (2018), also known as the Hadiya case, the Hon’ble Supreme Court of India strongly asserted the right of a person to marry someone of their choice, even if their parents are explicitly against the union. The then Chief Justice of India Dipak Mishra stated in his judgement:

“In the case at hand, the father in his own stand and perception may feel that there has been enormous transgression of his right to protect the interest of his daughter but his view point or position cannot be allowed to curtail the fundamental rights of his daughter who, out of her own volition, married the appellant.”

Further, while marriage registration has itself become necessary, the mere lack of registration itself does not annul the marriage. If a law like this which makes marriage registration difficult and potentially even life-threatening, many people may simply opt to not register their marriages, which can further lead to a rise in the many of the original problems that the new rules aim to solve.

Public Digital Record of Marriages

The proposal of digitizing publicly accessible marriage record being is another dangerous idea that can be used against bonafide couples/spouses. The name of a spouse is a kind of information that should not be available at the click of a button without the person’s knowledge or consent, as it can be easily used in myriad ways to target someone, from coercion to revenge. When, for example, a case is instituted in the family court, the names of the parties are redacted for the sake of privacy, recognised as a fundamental right guaranteed by the constitution by the It is therefore the right to every citizen to marry the person of their choice in as much secrecy as they may choose. Therefore, this proposed change also violates the ‘proportionality test’ laid down by the Hon’ble Supreme court in Justice K.S. Puttaswamy v. Union of India (2021).

LGBTQIA+ Community

Indian society has made significant strides towards accepting and embracing relationships between same-sex and transgender persons. Although the Hon’ble Supreme Court in Supriyo v. Union of India (2023) did not grant marriage equality to the LGBTQIA+ community, it affirmed their right to choose their partners and cohabitate without discrimination or threat of violence. The Court also validated the right of transgender individuals who have affirmed their binary gender upon transition to marry another binary-gendered person. However, the reality is such that many queer and transgender couples have no choice but to keep their union a secret even as they are subjected to routinized violence and manipulation by their families to enter into a heterosexual union. As a result, they are forced out of their homes and are rendered unhoused because of the discrimination and the threats their own families pose to their life and safety. In many such situations of estrangement, couples are tracked down with the aid of the police, and eventually coerced into heterosexual marriages.

The proposed Amendment to the Gujarat Registration of Marriage Rules makes life even more difficult for these LGBTQIA+ individuals and couples who wish to live together away from their families, and particularly those couples involving transgender persons who enter into a heterosexual marriage, as it mandates the consent of their families to register the solemnized union, and makes them vulnerable to public reprisal at best and social boycott at worst.

Conclusion

For the reasons stated above, the proposed amendments to the Gujarat Registration of Marriages Rules, 2006, violate the fundamental rights of individuals and are manifestly arbitrary and unconstitutional as it seeks to undermine individual choice and dignity. Contrary to the objectives, this may in fact lead to individuals avoiding legal registration of marriage itself therefore setting us back to the core issue. 

In light of the above, we the undersigned citizens, strongly and emphatically suggest that the proposed amendment be withdrawn. 

Submitted by:

National Alliance for People’s Movements (Gujarat)

National Alliance for Justice, Accountability & Rights (Gujarat)

Below are the names of individuals from Gujarat, who have endorsed the above letter:

1. Smita Pandya, Social Activist, Ahmedabad
2. Meenakshi Joshi, Social- Political Activist, Ahmedabad
3. Deepak Solanki, Samarpan organization & PUCL, Ahmedabad
4. Raghavan Rangarajan, Professor, Ahmedabad
5. Jimmy C. Dabhi, Ph.d, Centre for Culture and Development, Vadodara
6. Ayesha Khan, Sanat Mehta Charitable Trust, Vadodara
7. Indira Hirway, Prof of economics, Ahmedabad
8. Neha Shah, Academic, Ahmedabad
9. Sheba George, Social Activist, Ahmedabad
10. Nirjhari Sinha, Jan Sangharsh Manch, Ahmedabad
11. Nita Mahadev, Social worker, Ahmedabad
12. Cedric Prakash, Human Rights Activist, Ahmedabad
13. Bilal Kagzi, Advocate, Surat
14. Swati Goswami, Communications Consultant, Ahmedabad
15. Sejal Dand, Feminist Activist, Ahmedabad
16. Navdeep Mathur, Faculty, Ahmedabad
17. Priyam Vadaliya, Researcher and Designer, Ahmedabad
18. Rohit Prajapati, Environment Activist, Gujarat
19. Kamal Thakar, Social worker, Vadodara
20. Swati Desai, Activist, Gujarat
21. Anand Mazgaonkar, Activist, Gujarat
22. Rohit Chauhan, Saurashtra Dalit Sangathan, Junagadh
23. Dev Desai, Human Rights activist, Gujarat
24. Heman Oza, Researcher, Ahmedabad
25. Khairunnisha pathan, Social activist, Ahmedabad
26. Gova Rathod, Saurashtra Dalit Sangathan and NAPM, Gujarat
27. Satya Oza, PhD Candidate, Ahmedabad
28. Sejal Dand, Feminist Activist, Ahmedabad
29. Prasad Chacko, National Secretary, People’s Union for Civil Liberties, Gujarat
30. Disha, National Alliance for Justice, Accountability & Rights, Surat
31. Harsh Kinger, National Alliance for Justice, Accountability & Rights, Vadodara
32. Harsh Raval, National Alliance for Justice, Accountability & Rights, Ahmedabad
33. Hozefa Ujjaini, National Alliance for Justice, Accountability & Rights, Ahmedabad
34. Subodh Kumud, National Alliance for Justice, Accountability & Rights, Ahmedabad
35. Winona D’souza, National Alliance for Justice, Accountability & Rights, Ahmedabad
36. Rakesh Vaghela, National Alliance for Justice, Accountability & Rights, Ahmedabad
37. Khush V., National Alliance for People’s Struggle (Urban Struggles Forum), Gujarat
38. Mirkhan Makrani, Peace and Justice, Himatnagar
39. Rafi Malek, Ahmedabad
40. Bhargav Oza, National Alliance for Justice, Accountability & Rights, Ahmedabad

[1] Justice KS Puttuswamy v Union of India, AIR 2017 SUPREME COURT 4161, Ganpat Dharma Mengal 2021 SCC OnLine Bom 13720

[2] Laxmibai Chandaragi B vs. State of Karnataka, (2021) 3 SCC 360

[3] Justice K.S. Puttaswamy v. Union of India 2021

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