February 21, 2012: The government is considering a change in the law to exclude the religion of individuals from marriage certificates. This follows demands by minority groups, including Sikhs, Jains and Buddhists, now shown as Hindus in official documents.
The law ministry is likely to put up a proposal before the Union Cabinet that marriage certificates be made religion-neutral and the Births and Deaths Registration Act 1969 be amended by adding a clause on marriage registration.
The law ministry says since the infrastructure to register births and deaths is already in place, the registration of marriages could be handled with ease by civic authorities. The existing system of religion-based certificates is also likely to continue.
Sources said the Cabinet would take it up after the model code, now in force for the state elections, lapses in March. This move is expected to help couples facing social pressure for marrying against community wishes.
Sikh groups have claimed that Sikhs face problems abroad as their certificates are issued under the Hindu Marriage Act 1955. Another option could be to revive the Anand Marriage Act 1909. Sikh marriage ceremonies are known as 'Anand Karaj'.
The Anand Marriage Act, enacted under the Raj, was scrapped after Partition, and Sikh marriages were registered under the Hindu Marriage Act. Jains and Buddhists too are issued certificates under Hindu laws.
#################
Earlier story:
Religion may be out of marriage certificates soon
Following demands by various minority groups, particularly Sikhs, to change the law on registration of marriages, which shows them as Hindus, the government is finalising a proposal to offer the option of issuing registration certificates without mentioning the religion.
The law ministry's proposal will provide the government with two options — first is to amend the Births and Deaths Registration Act, 1969, by adding a marriages registration clause.
The ministry view is that since the infrastructure for registration of births and deaths is already available, addition of marriages registration clause to this law could provide an answer to the demand being raised by minority groups.
"It has been pointed out that around five million (50 lakh) Sikh NRIs face hardships abroad since their marriage certificates are made under the Hindu Marriage Act, 1955. Many countries in the West recognise Sikhism as a separate religion...," said a top ministry official.
Apart from Sikhs, such a move is likely to benefit Jains and Buddhists, who are also currently issued certificates under the Hindu law. Therefore, the ministry is set to recommend to the cabinet that offering this new option, in addition to continuing the existing practice of having religion-based certificates, would solve the problem.
"Our recommendation is also based on the fact that making registration of marriages religion neutral would also help those facing social and community pressures for having married according to their wishes, which is many times not acceptable to families and relatives," said a top ministry official.
The law ministry would also offer a second option to the cabinet, which is to implement the 100 year-old Anand Marriage Act of 1909, which defines marriages among Sikhs.
http://www.hindustantimes.com/India-news/NewDelhi/Religion-may-be-out-of-marriage-certificates-soon/Article1-798173.aspx