New Delhi: Days after Gujarat Deputy Chief Minister Harsh Sanghavi proposed the rule, “if a marriage is to be registered, the parents of the bride and groom must be informed,” Gujarat Congress spokesman Parthivrajsinh Kathavadia dismissed it as mere propaganda to divert public attention from real issues.
Talking to ThePrint, Kathavadia said, “My question is, what is the need for this?”
“First of all, the government should clarify what it has a problem with. Does it have a problem with love marriages, inter-caste marriages, or the existing laws?” he asked.
The proposed rule purportedly aims at preventing ‘love jihad’—something the ruling BJP has long targeted as a major issue in the country.
“There is no objection to love. But if some Salim posing as a Suresh, traps a girl, we will not spare them,” Harsh Sanghavi stated in the assembly last Friday.
“No one will be allowed to misuse marriage registration by hiding or faking their identity,” the deputy CM later wrote on X.
Highlighting examples of love marriages in ‘Sanatan Dharma’, including Krishna-Rukmani, Dushyant-Shakuntala, Satyavan-Savitri, and Meghnath-Sulochana, among others, Kathavadia asked why the Gujarat government—if it has a problem with inter-caste marriages—provides funds for them, especially in the name of Babasaheb Ambedkar’s wife, Dr Savitaben Ambedkar.
Questioning the legal aspect of the proposal, Kathavadia said there is confusion about how the government plans to implement the proposed rule.
“On what basis will they cancel the registration of marriage? Are marriage and registration the same or different under the law? If the rules require the couple to provide photos of their marriage, does this mean you are only registering the marriage, not solemnising it?” Kathavadia asked.
“These rules have only been introduced to confuse the masses, mislead people, and divert their attention from the major issues faced by the state today. Everywhere there is demolition going on. In other states, our sisters benefit from schemes such as the Ladki Bahin Yojana. But here they only get these marriage rules,” Kathavadia added.
In the suggested framework, any couple applying for marriage registration must also submit a declaration stating whether both parties’ parents are aware of the marriage. The declaration should include the parents’ names, Aadhaar details, addresses, and contact information.
After satisfactory document submission, the assistant registrar must notify the parents of both parties within 10 working days. Afterwards, the application will be forwarded to the district registrar concerned.
The marriage registration process is expected to take 30 days.
Gujarat is the first and only state—for now—to take the first steps towards requiring parental consent for marriage registration.
Speaking to ThePrint, Supreme Court Advocate Nipun Saxena said the proposed rules will not stand if challenged in court. The solemnisation of marriages in India is guided either by the respective marriage acts of a religion or by the Special Marriage Act, 1954. There is no third Act.
Under the central statutes, grounds for objection to a marriage include one or both parties being underage, already married, of unsound mind, or within prohibited degrees of relationship. Parental consent is not a ground for objection—it is immaterial.
He also pointed out that while the state has full liberty to introduce the new rule—since marriage and divorce remain in the Concurrent list—the Special Marriage Act still supersedes it because it is the central statute.
Moreover, he said, the proposed rule is void because it opposes Article 21 of the Indian Constitution and infringes upon rights to privacy and choice.
Saxena expressed concern that mandating official notification of parents about a marriage application could be weaponised by parents who disagree with their adult children’s choices.
Uttarakhand, through its enactment of the Uniform Civil Code in 2024, brought what the government called provisions to safeguard against ‘love jihad’ by requiring couples in live-in relationships to register their relationships with the state authorities. However, even there, while the rules require details of parents or guardians, they include no provisions for notifying the parents.
In 2022, the Maharashtra government constituted a 13-member panel to track interfaith marriages. An initiative under the state’s women and child development department, the committee must take stock of interfaith marriages that occur after elopement, those performed at religious places, or those that are registered or non-registered. A helpline number was also available to couples, offering counselling services for women, if needed.
(Edited by Madhurita Goswami)
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