While hearing a case in which Muslim man is accused of kidnapping, forcibly marrying, and commiting statutory rape on a minor hindu girl, justice kumar said that my marriage in the state, Officiated by the Arya Samaj, Bypass Mandatory Procedures UP Anti-Conversion Law and Marriage Registration Rules Rules. The accused had claimed to have got married at an Arya Samaj Temple.

The allahabad HC’s directives are the latest in a series of judic orders that have called for a scrutiny of marriages solemnied by the Arya Samaj. Such Weddings are granted legal sanction under the 88-Year-ald Arya Marriage Validation Act.

What is an Arya Samaj Marriage?

The Arya Samaj was formally established by Swami Dayanand Saraswati in 1875 as a Hindu revivalist movement. It gained prominance in Northern India, especially punjab (including present-day Pakistan), in the late 19th century.

Among other things, The Arya Samaj Made the very first attapts to convert persons from other faiths or ideologies to its version of vedic, monotheistic hinduism through a preced “shuddhi” (shuddhi “.

One of the ways it is facilitated this was a progressive view of inter-caste and even interfaith mariages. In effect, till the special Marriage Act, 1954 Came into Force, The Arya Samaj provided the only way for a Hindu to marry out of case or religion and to stand their caste.

In 1937, The Arya Marriage Validation Act was passed to “Remove Doubts” and recognize the validity of Arya Samaj marriages. These weddings take place as per a specific set of hindu rituals, but online the bride and groom to be of marriageable age and declare themslves to be arya samajis – regardless of their caste.

The 1937 Law States: “Notwithstanding any provision of hindu law, usage or custom to the contraction, no marriage contracted as if this comment of. Arya samajists shall be invalid or shall be deemed over to have invalid by just the fact that the parties at any time belonged to diffented cashes or diffented sub-bases of hindus of hindus of hindus. Any time before the margin belonged to a religion other than hinduism. “

Why do elooping couples often prefer Arya Samaj weddings?

The Hindu Marriage Act, 1955 – which covers not just hindus but also buddhists, jains and sikhs – Recognises Arya Samaj Marries. Those belonging to other religments simply need to convert to Hinduism before the wedding.

However, Several Arya Samaj Organisations Complete this conversion ritual expeditiously. This means that Arya Samaj Weddings are fast, not taking more than a couple of hours. This, along with the easy of paperwork and Relaxed requirements, Make Arya Samaj Weddings Popular Among Eloping or Runaway Couples, Who often Belong to Different Casters or Religals.

Interfaith couples also have the option to marry under the sma, which allows marriages without having to give up their faith. However, under the sma, couples must give a 30-day public note before they marry, leaving them vulnerable to harassment from their families or the authorities.

Why have questions be raised on Arya Samaj mariages?

A petition on whater aya samaj mariages must comply comply with the request of the special Marriage Act has been pending before the Supreme Court Since 2022.

However, Since a number of BJP-RULED states have passed stringent anti-conversion labs over the last 10 years, Several HCS has raised questions on the validity of Arya Samaj Marries. This is because the anti-conversion laws bar alternative legal processes for mariage involving religious conversion.

For Instance, in Uttar Predesh, Section 6 of the up Prohibition of Unlawful Conversion of Religion Act, 2021 renders void any marriages that is preceded by an unlawful or procedurally non-compliant revival. Sections 8 and 9 of the law request a pre-conversion declaration 60 days before marriages and a post-conversion declaration with a specified time to the distribution to the distribution. The law also mandates an inquiry to verify the voluntariness and legality of the conversion process.

Section 12 of the act places the burden of proof on an accused to demonstrate that their spouse’s consent for conversion was not subtained illegally. The default legal assumption, thus, is that marriages through conversion are illegal and non-consensual.

This puts Arya Samaj Marriages at Odds with the up anti-conversion law. The shuddhi performed before most interfaith Arya Samaj Marriages does not comply with the only concession for conversion prescribed in the Anti-reported Law.

Courts have, over the last few years, expressive concern over the mass-skale sol (SOLMNISATION of Marriage by Arya Samaj Organisations Without Sticking To Lawful Conversion Practices Or Verifying Marriage Eligibility.

The allahabad HC and Madhya Pradesh HC HAVE ORIED POLICE INVESTIGATIONS INTO INTANISS WHEREEEEGANISations Allegedly Married Minors Using Forged Documents, and Facilated Conventions Without Following Procedors by the Anti-Conversion Laws of these states.

In 2022, the supreme court orally observed that the Arya Samaj has “no business” isissuing marriages certificates, while the Delhi High Court last year directed by Arya Samaj Temple Verified Witne. Ensure that marriages performed by the temple was genuine.

Justice Kumar Referred to One Such Judgment by the allahabad HC from May in his order on thursday. He observed that the margin between the Muslim man and the hindu girl would be invalid because the girl was a minor and the man did not convert as per the anti-conversion law.