Allahabad High Court orders probe into Arya Samaj institutions performing illegal marriages

The Allahabad High Court recently directed the Commissioners of Police of Gautam Budh Nagar (Noida) and Ghaziabad to conduct a thorough and discreet inquiry into the functioning of Arya Samaj Mandirs and related societies/ trusts involved in solemnization of marriage [Shanidev And Another vs State of UP And 7 Others]. .Justice Vinod Diwakar passed the order after police verification in a number of cases revealed that marriages were being solemnised by them in contravention of the provisions of Child Marriage Restraint Act and Hindu Marriage Act.The documents including Aadhaar cards filed with the petitions moved by such couples were also found forged and even the undertaking furnished on oath on notarized affidavits were found to be fake..The Court also noted that the Marriage Registration Officer registered the marriage on the basis of the fake and invalid marriage certificate without verification.“In essence, such marriages lead to human trafficking, sexual exploitation, and forced labor. Children endure emotional and psychological trauma caused by social instability, exploitation, coercion, manipulation, and the disruption of their education. Additionally, these issues place a significant burden on the courts. Therefore, a robust system for document verification and ensuring the accountability of trusts and societies needs to be developed,” said the Court. .Thus, the Court directed the police to probe following aspects,i) name of such trust/society performing marriage within the territorial jurisdiction of district Gautam Budh Nagar and Ghaziabad;(ii) the inquiry shall include the profiling (social, financial and otherwise also the criminal antecedents, if any) of the President, Secretary and Purohit- who performs marriage- of the trust/society, and any other person involved directly or indirectly;(iii) the resources including links and contacts through which the trusts management (beneficiary of the activities) approaches the eloped boys and girls for solemnization of their marriage;(iv) details of the persons, who “help the eloped couples” to create false and fabricated documents pertaining to the age, residential address, bogus affidavits and fake complaints to the police and provide shelter and protection against law;(v) the details of financial transaction of the trust/society;(vi) details of fee charged by the members of the trust/society and Purohit in the name of Dakshina for solemnization of marriages;(vii) any other discreet information which may facilitate the Court to reach to the core and to understand as to how the "entire vicious cycle" works from solemnization of marriage till filing of protection petitions in Court on the basis of forged documents..Justice Diwakar had earlier flagged the fact that fake marriage certificates were being issued by various organisations and societies so that the couples can approach courts seeking police protection. "This Court is flooded with frivolous petitions based on forged documents. It's crucial that the office of Inspector General, Registration engages in meaningful dialogue with the offices of all stakeholders who issue Aadhar Card, PAN Card, Birth Certificate, Educational Board, marriage certificates issued by societies/trusts etc., which find the inscribed date of birth so that the Marriage Registration Office could verify the documents before issuing marriage certificate,” the Court had said.On September 3, the Court observed that the matter did not appear to be in the priority list of the office of Inspector General Registration. It thus directed the Principal Secretary (Stamp & Registration), Lucknow to himself supervise the matter and ensure compliance with court orders..Advocate Ranjeet Kumar Yadav represented the petitioners.Additional Chief Standing Counsel Ashwani Kumar Tripathi represented the State..[Read Order]