Context:
The Allahabad High Court recently directed the Uttar Pradesh government to investigate the flourishing of “fake Arya Samaj Societies” that solemnise marriages without complying with the required age verification and anti-conversion laws.
About Arya Samaj Marriage:
Arya Samaj marriages are conducted according to rituals defined by the Arya Samaj, a Hindu reformist movement founded by Swami Dayanand Saraswati in 1875.
These marriages are recognized by the Arya Marriage Validation Act (1937) and are valid regardless of caste or religion, provided both parties are of marriageable age.
These weddings are especially popular among interfaith or intercaste couples, as they are quick and have lenient paperwork requirements compared to the Special Marriage Act (SMA), which involves a 30-day public notice and can expose couples to potential harassment.
Court's Concerns:
Despite legal recognition, courts have raised concerns about procedural issues in Arya Samaj marriages:
1. Non-compliance with SMA: Arya Samaj marriages bypass SMA’s requirement for public notice, raising concerns about voluntariness and legality, especially in interfaith unions.
2. Anti-conversion Laws: In states like Uttar Pradesh, anti-conversion laws require a strict conversion process before marriage. Many Arya Samaj temples do not adhere to these regulations, particularly in interfaith marriages.
3. Illegal Marriages and Fake Certificates: Some temples have been accused of solemnising marriages without age verification or proper conversion procedures, prompting judicial investigations.
Why the Scrutiny is Important:
· Child Protection: Scrutiny emphasizes stricter age verification to prevent child marriages.
· Religious Freedom vs. Legal Safeguards: Balancing religious freedom with protection against forced conversions and coerced marriages.
· Interfaith Marriages: The issue highlights the challenges faced by interfaith couples in India due to complicated legal processes.
Implications
The scrutiny of Arya Samaj marriages has significant implications for couples who choose this option. The UP anti-conversion law, for instance, renders void any marriage that is preceded by an unlawful or procedurally non-compliant religious conversion. This puts Arya Samaj marriages at odds with the law, particularly in cases where the conversion process is not followed as per the prescribed procedures.
Conclusion
The controversy surrounding Arya Samaj marriages highlights the need for a more nuanced understanding of the laws and regulations governing these marriages. While the Arya Samaj has played a significant role in promoting inter-caste and interfaith marriages, the allegations of irregularities and non-compliance with laws need to be addressed to ensure the validity and legitimacy of these marriages.
