Parental witness demand hampers interfaith marriages in Bengaluru: Report

In Bengaluru, couples seeking to register marriages under the Special Marriage Act (SMA) have encountered unexpected and unofficial requirements, with marriage registration officials across the city demanding parental involvement as witnesses, as the officers reportedly fear the Karnataka Protection of Right to Freedom of Religion Act being invoked, making things more complicated.

Despite the Act's provision that any three adult witnesses can testify, many sub-registrars insist that parents must fulfil this role, creating an obstacle for couples, especially those entering interfaith marriages or lacking family support.

This trend appears tied to concerns over the Karnataka Protection of Right to Freedom of Religion Act, or the state's anti-conversion law, although current legislation imposes no such restrictions.

A recent investigation conducted by The News Minute (TNM) revealed inconsistencies across sub-registrar offices regarding witness requirements. Out of nine offices visited, TNM found substantial variation in implementation, with some locations adamantly insisting on parental presence, while others permitted more flexible witnesses.

Notably, the SMA itself requires only three adult witnesses, who can be friends, colleagues, or acquaintances, allowing couples to navigate potential familial opposition to their union. However, officials in certain offices across Bengaluru appeared to implement these demands arbitrarily, often leaving couples confused or disheartened.

The Special Marriage Act of 1954 was established to provide a legal pathway for interfaith and intercaste marriages, offering couples a secular framework without religious or social stipulations. Unlike the personal laws governed by religion, SMA aims to provide autonomy and protection for those who wish to marry outside religious or social norms.

Under this law, couples are required only to produce three adult witnesses, with no stipulation that these must be parents or family members. SMA also allows marriages to proceed without conversion to a specific faith, facilitating union without interference from religious doctrines.

However, the anti-conversion law, enacted in Karnataka in 2022 by the then BJP government, may contribute to these additional stipulations. While not explicitly targeted at marriages, the law has caused concern among marriage registration officials, who fear complications or complaints when facilitating interfaith marriages.

Though the ruling Congress government promised to repeal this law, it remains in force, creating an atmosphere in which officials feel compelled to enforce additional, albeit unofficial, requirements. This legislation includes clauses under which families, particularly parents, can lodge complaints in cases of suspected coercion or unlawful conversion, potentially embroiling officials in legal complications. Thus, officials may seek to avoid future complaints by mandating parental presence in interfaith marriage registrations.

One instance involved a couple, Rahul and Sandra (names changed), who approached the Indira Nagar sub-registrar’s office to register their marriage under SMA. Having been together for over a year, the Hindu-Christian couple was ready to formalise their relationship.

However, despite their research indicating that SMA requires only three adult witnesses, they were told by officials that Sandra’s parents had to witness the registration, even though her parents did not support the marriage.

In response to these inconsistencies, Inspector General of Registration and Commissioner of Stamps, Dayananda KA, clarified that parental witnesses are not legally required under SMA, and sub-registrars should not impose this mandate. Dayananda pledged to issue directives to all sub-registrars to prevent such practices, underscoring that the role of registration officials is merely to verify documentation and fulfil legal requirements without imposing additional social expectations.

Despite this assurance, the investigation highlighted how entrenched biases and an ambiguous understanding of regulatory authority contribute to a more restrictive marriage registration process than SMA intended.

The issue of Aadhaar cards as necessary identification was another area of inconsistency. While SMA mandates address proof for registration in a particular jurisdiction, Bengaluru sub-registrars almost exclusively demanded Aadhaar cards. This reliance on Aadhaar stems from the Kaveri online portal, the Karnataka government's digital system for marriage registrations, which accepts only Aadhaar for address proof. However, when registering offline, couples may provide any government-issued ID, but the assumption among officials is often that only Aadhaar is acceptable.

The concept of arranged marriage remains prevalent in India, with a significant portion of marriages facilitated by families within the same caste or religious community. According to data from 2018, 93% of marriages in India are arranged, reflecting the enduring social pressures on individuals who choose partners outside familial or community expectations.