Allahabad HC directs inquiry into allegations that Arya Samaj facilitates illegal marriages

The Allahabad High Court has directed police in Gautam Buddh Nagar and Ghaziabad in Uttar Pradesh to investigate allegations that the Hindu group Arya Samaj is facilitating illegal marriages, it reported Living law.

The survey will be extended to the group’s mandirs, associations, trusts and other institutions.

Justice Vinod Diwakar gave the order following a series of petitions filed by couples seeking protection from their families.

A preliminary investigation by the police suggested that at least 15 groups operating under the aegis of the Arya Samaj had conducted the marriages illegally. The groups were also not officially registered with the Samaj headquarters in Delhi.

The judge noted that these unions were registered by the district authorities on the basis of invalid marriage certificates issued by the Arya Samaj groups, based on forged documents and incorrect personal details.

Moreover, the marriages were solemnised in violation of the provisions of the Child Marriage Restraint Act and the Hindu Marriage Act, Diwakar noted.

“Such marriages lead to human trafficking, sexual exploitation and forced labour,” the court said. “Children suffer emotional and psychological trauma caused by social instability, exploitation, coercion, manipulation and disruption of their education… A robust system for document verification and ensuring accountability of trusts and societies must be developed.”

However, the court also stated that these findings were only illustrative and not exhaustive.

“The above mentioned list of Arya Samaj Mandirs and Societies/Trusts involved in solemnisation of marriages are merely indicative in nature,” the court order said. “There are many more such institutions involved in solemnisation of marriages, their activities will also be investigated accordingly by the police.”

The police commissioners of Gautam Buddh Nagar and Ghaziabad have been asked to submit reports in the case by September 26, when the cases will be heard next. A total of 42 related petitions have been added to the case.

When the case was heard in August, the court noted that no representative of Arya Samaj had appeared in court despite notices being served on the group.

The group has been given one last chance to appear in court.