Are Gujarat's marriage rules mandating parental consent constitutional?
A proposed rule requiring registrars to notify parents before registering adult marriages sparks a debate over Article 21 rights and limits of state intervention
The Gujarat government has announced a proposed amendment to its Registration of Marriages Act that would require parental notification before a marriage between two consenting adults is officially registered.
Under the draft rules, couples must provide their parents’ contact details and disclose whether they have informed them about the marriage. The registrar would then issue a notice to the parents before proceeding.
The proposal also introduces a 30-day verification period before the marriage certificate is granted, a provision critics say could delay or obstruct marriages.
What the rule says
Supporters argue the move is aimed at preventing fraud and addressing concerns often framed as “love jihad”. However, critics say it effectively inserts parental oversight into a legal process meant for consenting adults.
Under existing laws, parental consent is not required if both individuals are adults. Marriage registration is treated as an administrative procedure, not one requiring family approval. By mandating parental notification, opponents argue, the state risks creating indirect barriers — particularly for inter-faith and inter-caste couples.
Constitutional concerns
Legal experts cite Article 21 of the Constitution, which guarantees the right to privacy and personal liberty — including the freedom to choose one’s partner.
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In the landmark Hadiya case of 2018, the Supreme Court affirmed that adult Indians are free to marry a person of their choice.
Former Chief Justice of India D Y Chandrachud observed: “Intimacies of marriage, including the choices which individuals make on whether or not to marry and on whom to marry, lie outside the control of the state. Courts as upholders of constitutional freedoms must safeguard these freedoms.”
The court has also upheld the legality of live-in relationships between consenting adults and clarified that anti-conversion laws do not negate the right of adults to marry.
Marriage laws in India
The Special Marriage Act, 1954 allows civil marriages without religious ceremonies or parental consent.
Personal laws governing different religions regulate rites and customs but do not mandate parental approval when both partners are adults.
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Several states — including Gujarat — offer financial incentives to promote inter-caste marriages, without requiring parental consent as a legal norm.
The larger debate
What Gujarat seeks to introduce through registration rules is not standard practice across India. The debate now centres on whether mandatory parental notification infringes upon constitutional protections of adult autonomy. As discussions continue, the proposal raises a fundamental question: Can the state involve parents in decisions that the Constitution reserves for consenting adults?
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