Arya Samaj can not issue Marriage Certificate

A Monotheistic Hindu reform movement started in India in 1875, as a religious organization, that strongly advocates ideas and practices based on the belief in the Vedas’ irrefutable authority, famously known as Arya Samaj. Which believed and followed a regular practice in a Solemnization of a marriage thru its own unique culture as an Arya Samaj Marriage. But never fully considered a valid legal marriage in the eyes of law.

On recent judgment given by the Supreme Court, stated that Arya Samaj has no business to issue a marriage certificate, that this is the work of official authorities and under the supervision of concerned acts and laws, and rejected a bail plea of the accused for the allegations booked under kidnapping and attempt to rape on a minor girl.

The accused alleged that the girl is a major and that they married in the ‘Arya Samaj’s temple and that they had a marriage certificate, but from the complainant’s side, it was noted that the accusedhad forcefully takenher signature on the blank paper and recorded a video. It was also in the record that the accused person’s bail was also got denied by Rajasthan High Court, against the sections 363, 366A, 384, 376(2)(n) of IPC and Section 5(L)/6 of POCSO Act.

Earlier on continuation with a similar issue, Madhya Pradesh High Court stated the Arya Samaj to refer to the provision of the Special Marriage Act

marriage certificates can only be issued by a competent body, like The Hindu Marriage Act and the Special Marriage Act. Arya Samaj doesn’t hold any power to solemnize the marriage and to issue a marriage certificate.

The ignorance of thelaw is no excuse, knowing that such a vigorous crime as rape shouldn’t excuse any practice, custom, belief, or religion, where the Arya Samaj strongly believes in solemnizing the marriages with their own rituals in an Arya Samaj’s temple, by making on some hand written paper naming it as an Arya Samaj marriage certificate, practice like these shouldn’t excuse rape and all,Need for stringent laws againstcrimes like rape is very much important,especially when any person tries to take a cover under any specific practice or belief.

The act of sexual intercourse with one’s spouse without their consentis known as marital rape,Cases like these are very commonly found, it’sa serious societal issue and public health problem that has never received limited attention. From the history, it was socially witnessed but never properly addressed that the license for marriage is a license for rape,where men control and dominate their wives through forced sex without fear of repercussions. Non-physical sexual coercion and threatened or forced sex are common tactics used by perpetrators of marital rape to force their victims to submit to sexual acts. However, no marriage acts of law promote such heinous crimes like these and shouldn’t do so.

That’s why laws are there for the marriages to be conducted so that it can provide protection as well when the spouse is being victimized in a situation similar to this. But If someone’s beliefs make them practice a marriage under Arya Samaj, they can go for it but it will not be considered a legal marriage under the eyes of the law.