Gujarat to make parent initmation mandatory for marriage, critics cite Hadiya case

In a move that has sparked a fresh debate over individual liberty versus parental oversight, the Gujarat government has proposed making parental intimation a formal part of the marriage registration process.

Any marriage held in Gujarat may soon have to be conducted with the full knowledge of the couple’s parents, if proposed amendments to the state’s marriage registration rules are implemented.

The state government has proposed changes under the Gujarat Registration of Marriages Act that would require couples to declare whether they have informed their parents about their marriage, while authorities would also be mandated to notify parents during the registration process.

The move, announced in the state Assembly on Friday, is aimed at tightening procedures around marriage registration, particularly in cases involving elopements and instances of “love jihad”.

Deputy Chief Minister and Home Minister Harsh Sanghavi, who announced the proposals, alleged that “innocent girls are being trapped” and such practices were spreading “like termites” in society, asserting that the government could no longer ignore the issue.

However, the proposed amendments may face legal scrutiny, as the Supreme Court has repeatedly upheld that the right of two consenting adults to marry is a fundamental right under the Constitution, emphasising individual autonomy.

In the landmark Hadiya case, involving a Kerala woman, Akhila (later Hadiya), who married Shafin Jahan, the court made it clear that adult Indians are free to choose their partners, even if parents feel their rights to protect their children have been transgressed. The court has specified that "choices which individuals make on whether or not to marry and on whom to marry, lie outside the control of the state".