Gujarat wants parental consent to register marriages. Is this legal?

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Gujarat’s proposed changes to marriage registration rules announced this month requiring applying couples to inform their parents raise questions about personal liberty, autonomy and the right of consenting adults to marry whomever they like.

The proposal has been presented as an administrative safeguard aimed at preventing fraud, coercion and forced marriages using the Hindutva conspiracy theory of love jihad as political justification.

“There is no objection to love,” said Gujarat Deputy Chief Minister Harsh Sanghavi on February 21 as he introduced the rules in the state assembly. “But if some Salim posing as Suresh traps a girl, we will not spare them.”

If passed, the rules would be issued under the Gujarat Registration of Marriages Act, 2006. This act makes the registration of marriages with the state compulsory.

Senior Advocate Prashant Bhushan, practising in the Supreme Court, said the rules were “totally unconstitutional” and “against the right to privacy”.

“It is in tune with the mentality of the sangh parivaar,” he said, referring to the group of Hindutva organisations that operate under the umbrella of the...

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