Arya Samaj has no business to issue marriage certificate: SC
Jun 04, 2022, 01:28 pm
2 min read
Rejecting a bail plea of an accused booked for kidnap and rape of a minor girl, the Supreme Court (SC) on Friday said that Arya Samaj had no business issuing marriage certificates.
The counsel for the accused argued that the girl was not minor and had married in an Arya Samaj temple and possessed a marriage certificate.
The SC vacation bench rejected the submission.
Bail was denied by Rajasthan High Court
The SC vacation bench of Justices Ajay Rastogi and BV Nagarathna was hearing a petition of a man who was denied bail by the Rajasthan High Court in a rape case.
The accused was arrested in connection with an FIR lodged at Nagaur police station for the offense punishable under IPC sections 363, 366A, 384, 376(2)(n), 384, and section 5(L)/6 of the POCSO Act.
Girl lodged FIR after more than a year
The counsel had contended that the girl had lodged a first information report (FIR) after a delay of one-and-a-half years.
However, the delay was not explained at all by the complainant.
The Rajasthan High Court had noted that the girl had deposed that her signature was taken on a blank paper and the accused had also prepared a video of the incident.
Refusing to interfere with the Rajasthan HC order denying the accused bail, the SC bench said that the petitioner had the liberty to renew his application for bail before the trial court.
“We have heard the learned counsel for the petitioner and find no reason to interfere in the order impugned at this stage,” the SC bench said in its order.
MP HC order directed ‘Arya Samaj’ to solemnize marriages
This move comes after the SC stayed a Madhya Pradesh High Court order directing the Arya Samaj to solemnize marriages in accordance with the provisions of the Special Marriage Act, 1954.
The plea by the ‘Madhya Bharat Arya Pratinidhi Sabha’ is pending before the top court.
The SC has also sought a response from the Madhya Pradesh government on the plea.
Sabha contended Special Marriage Act provision
The Madhya Pradesh HC had said that marriage certificates could be issued only by a competent authority under the Special Marriage Act.
The Sabha had contended in the HC that the Arya Samaj marriages were conducted under the Hindu Marriage Act and Arya Marriage Act of 1937 and not the Special Marriage Act.