Law and Justice
IntroducedRajya SabhaMay 07, 2012
ReferredStanding CommitteeMay 09, 2012
ReportStanding CommitteeFeb 27, 2013
PassedRajya SabhaAug 13, 2013
- The Registration of Births and Deaths (Amendment) Bill, 2012 was introduced in Raja Sabha on May 7, 2012 by Mr. Salman Khurshid, Minister of Law and Justice. The Bill has been referred to the Standing Committee on Personnel, Public Grievances, Law and Justice on May 9, 2012. The chairperson is Mr. Shantaram Naik.
- The Registration of Births and Deaths Act, 1969 regulates the registration of births and deaths. The Bill amends the Act to include the registration of marriages within its purview.
- The Bill defines marriage to include marriage solemnized between a male and female belonging to any caste or religion. It also includes re-marriage.
- The Bill requires that all marriages (irrespective of religion) shall be registered either under the Act or the Anand Marriage Act, 1909 or any other existing law (including state laws).
- Marriages registered under the Anand Marriage Act, state laws or any other existing law are not required to be registered under the Bill.
- The Act provides for the establishment of a Registrar General of India. The Registrar is responsible for the registration of ‘births and deaths.’ The Bill provides that the Registrar shall also be responsible for the registration of marriages.
- The Bill specifies the people who shall be eligible to submit information to the Registrar in order to register the marriage. It shall be the duty of the specified people to give the required information to the Registrar within the prescribed time period.
- The Act specifies that if the ‘birth or death’ is not registered within the specified time period, then the Registrar shall on the payment of a late fee, register the death or birth (a) within a period of 30 days (b) within one year only with the written permission of the prescribed authority; and (c) after one year only on the order of a first class Magistrate. The Bill states that the same provision applies to marriages as well.
- The Bill provides that if the Registrar seeks information from any person regarding any ‘birth or marriage’ then the person shall be bound to comply with such requirement.
- The Bill prescribes a penalty of Rs 50 in case of (a) non registration of ‘marriage without a reasonable cause; (b) providing false information regarding the registration of marriage; and (c) refusal to furnish certain information, such as name and address.
- The Bill shall be in addition to the other existing laws. It shall not affect any rights recognised under any other law or custom.
- The Act provides that any previous state law on any matter covered by the Act shall be repealed. The Bill provides that this repeal provision shall not be applicable to marriages solemnized under the Anand Marriage Act or under any state law.
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