Registration Of Births and Deaths (Amendment) Bill, 2013

Information Type: Legislative Information
Bill No: XXII of 2012
Bill introduced in House: Rajya Sabha
Bill Type: Government
Bill Status: Passed
Ministry-in-charge of Bill: Law and Justice
Introduced by Member: Salman Khurshid
Member Type: Current
Acts State: Ordinary Bill
Bill Date: 2012-05-7
Case Note / Description :

(i) Introduced in Rajya Sabha on May 7, 2012 (ii) Passed in Rajya Sabha on August 13, 2013 

                                                             As Introduced    

The Registration of Births and Deaths (Amendment) Bill, 2012 seeks to amend the Registration of Births and Deaths Act, 1969 (18 of 1969) so as to provide for registration of marriages irrespective of religion professed and practiced by the parties to the marriage. At present the Registration of Births and Deaths Act, 1969 provides only for the regulation of registration of births and deaths and for matters connected therewith. The Hon’ble Supreme Court in Seema Vs. Ashwani Kumar (AIR 2006 SC 1158) in its judgment dated 14-02-2006 has directed the Government that marriages of all persons who are citizens of India belonging to various religious denominations should be made compulsorily registrable in their respective States where such marriages are solemnised and, inter alia, directed that as and when the Central Government enacts a comprehensive statute, the same shall be placed before that Court for scrutiny. The Committee on Empowerment of Women (2006-2007) in its Twelfth Report (Fourteenth Lok Sabha) on Plight of Indian Women Deserted by Non Resident Indian (NRI) Husbands presented to Lok Sabha on the 13th August, 2007, has, inter alia, expressed the view that all marriages, irrespective of religion should be compulsorily registered and desired that the Government to make registration of all marriages mandatory, making the procedure simpler, affordable and accessible. The 18th Law Commission of India in its 205th Report titled “Proposal to Amend the Prohibition of Child Marriage Act, 2006 and other Allied Laws”, inter alia, recommended that “registration of marriages within a stipulated period, of all the communities, viz. Hindu, Muslim, Christian, etc., should be made mandatory by the Government”. Further, the 18th Law Commission in its 211th Report titled “Laws on Registration of Marriage and Divorce. A proposal for Consolidation and Reform”, has recommended for Parliamentary legislation on compulsory registration of marriages which will bring country-wide uniformity in thesubstantive law relating to registration and will be helpful in achieving the desired goal. The Registration of Births and Deaths Act, 1969, inter alia, provides for Registration establishments consisting of Registrar-General, Chief Registrar and registration division, District Registrars and Registrars. It also provides procedures for registration of births and deaths and for maintenance of records and statistics. Further, by virtue of the powers conferred under section 30 of the aforesaid Act, rules for compulsory registration of births and deaths have been framed by the State Governments and Union territory Administrations. Therefore, it is proposed to amend the aforesaid Act suitably to include registration of marriages as well within its scope so that the existing administrative machinery would also be able to carry out registration of marriages in accordance with the specified procedures andbe able to maintain necessary records and statistics for registration of marriages also. 

 
 
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