Defeating The Purpose: Tamil Nadu Just Made Parental Consent Mandatory To Register Hindu Marriage
The consequence is that two consenting Hindu adults marrying without the knowledge of their parents will not be able to register their marriage, unless they have access to the original documents relating to their parent¡¯s identity and address.
Couples in Tamil Nadu marrying under the Hindu marriage law now need their parents¡¯ permission to get married. In other words, the state has made it almost impossible for two consenting adults to get married without their parents¡¯ consent.
Earlier, all that was required for registering a marriage were three witnesses.
Thanks to an ¡®internal circular¡¯ from the office of the Inspector General of Registration, Tamil Nadu, dated September 28, 2017, the sub-registrar¡¯s office now demands parental presence while registering a marriage.
The consequence is that two consenting Hindu adults marrying without the knowledge of their parents will not be able to register their marriage, unless they have access to the original documents relating to their parent¡¯s identity and address and, if any of them is no more, their death certificates.
According to a report in The Hindu, ¡°In the four-point circular, the first permits the Aadhaar card as an additional identity proof for the couple, parents and witnesses; the second point says the names, initials and address of the parents given in the application should tally with the details contained in the accompanying documentary proof, and that registration should be done only upon such verification. The third point demands that the couple produce the original death certificate of any parents mentioned as deceased, and attach a photocopy."
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Therefore, a marriage cannot be registered unless the couple¡¯s parents give their original identity and address proof documents.
While the circular does not directly point at parental consent, but every point implies that as if done with utmost nimbleness of fingers.
A Twitter user narrated the ordeal his younger brother had to face when he got married:
This. True story. My younger brother got married on 25th Feb in Chennai. Inter-caste. My parents returned to hometown immediately after the wedding. Newly wedded couple, the girl's parents, my elder brother & I went for registration the next day. https://t.co/WhmH80Lp4e
¡ª Vakkil Vandumurugan (@subjudiced) March 12, 2018
with all the documents that are required. after verification of documents, they asked for parents. we said, "girl's parents are here". they were like "no both the set of parents must be here" and refused to entertain.
¡ª Vakkil Vandumurugan (@subjudiced) March 12, 2018
I got slightly agitated and asked them where they are getting this requirement from. we were then told to meet the senior officials. They told us that the addresses of parents must match with addresses mentioned in documents of bride & groom.
¡ª Vakkil Vandumurugan (@subjudiced) March 12, 2018
It did match in our case. we eventually got the marriage registered. when we were getting done, they told us the reason as to why they are asking for parents now.
¡ª Vakkil Vandumurugan (@subjudiced) March 12, 2018
apparently a judge's daughter got married & registered the marriage without the parents, which created a huge scene in the registrar offices. they want to avoid situations where powerful/ rich parents come & yell at them on their face for registering inter-caste marriages.
¡ª Vakkil Vandumurugan (@subjudiced) March 12, 2018
I guess the way they operate is, check the castes, ask for parents (to know if the parents have consented), then ask for ID proof of the parents (by saying address should match), see who the parent is, keep the registration on hold & alert the parents if they have to. ridiculous!
¡ª Vakkil Vandumurugan (@subjudiced) March 12, 2018
Curbing liberties
According to the constitution of India, a marriage requires no other consent except that of the couple, who should be of legal marriageable age. The state¡¯s job is to uphold the law. What Tamil Nadu is doing is actually the complete opposite to what is expected out of it.
In a society like India, law is the last resort for inter-caste and inter-faith couples when all other means serve no longer. The new law has certainly hit hard those victimised by identity-based prejudices of caste, religion, gender. The couples, who often lack parental and societal consent, and whose final course of action to formalise their union is the legal registration of their marriage.
The essence of this ¡®internal circular¡¯ is petrifying given the alarming number of honour killings that have taken place in Tamil Nadu over the years.
The circular serves as an assistant to all those parents who believe that caste pride and purity are more important factors than their children¡¯s choice while choosing a partner for life.
Clearly, this regressive move firstly, violates the right to privacy for the couple and secondly, effectively stating that the decision of two adults about their lives has no significance.