Arya Samaj Temples Forged Marriage Certificates Allahabad High Court Orders Inquiry

The Allahabad High Court recently ordered an inquiry into the marriage certificates issued by Arya Samaj temples and their affiliated societies in the state of Uttar Pradesh, mainly in Noida and Ghaziabad. The High Court said that fake marriage certificates could lead to cases of sexual exploitation, human trafficking and bonded labour.

A bench headed by Justice Vinod Diwaker was hearing a case filed by a young couple seeking protection for their lives.

The couple informed the court that they got married in an Arya Samaj temple in Greater Noida and that they were adults. After getting a certificate from an Arya Samaj temple, they filed an application for marriage registration with the registrar.

However, the Additional Chief Standing Counsel pointed out in the high court that the marriage certificate, which appears to have been issued by the Arya Samaj Temple, did not contain any details of the priest or the address of the temple. The court further noted that even details of witnesses and a declaration as to whether the marriage was solemnized in accordance with the Hindu Marriage Act were missing.

The counsel argued that the certificate may have been forged.

The Supreme Court held that such marriages essentially lead to human trafficking, sexual exploitation and forced labor.

“Children are subjected to emotional and psychological trauma caused by social instability, exploitation, coercion, manipulation and disruption of their education. Moreover, these issues place a significant burden on the courts. Therefore, there is a need to develop a robust system for document verification and ensuring accountability of trusts and associations,” the Supreme Court said.

The court took cognizance of the fact that several cases had been brought before it by couples seeking protection with such certificates issued by the Arya Samaj temples.

The Supreme Court directed the Assistant Inspector General of Registration (Stamp and Registration) of Ghaziabad and Gautam Budha Nagar to appear before the court and record all the details of the marriage that took place between August 1, 2023 and August 1, 2024.

The Supreme Court also directed the Inspector General of Uttar Pradesh to file district-wise data on the number of marriages registered in Uttar Pradesh during the same period.

The Court found that this activity was carried out to check the issuance of false certificates, which is contrary to the Arya Samaj Marriage Validation Act, 1937 and the Hindu Marriage Act, 1955.

The court further stated that virtually the same allegations are made in all the petitions, namely that the petitioners were married against the will of their parents and that they therefore face serious threats to their lives from their parents.

The court noted the names of 15 such societies/trusts/temples which issue such marriage certificates. On police verification, it was found that in most cases the societies were fraudulent or not affiliated to the head office. It was also found that the marriages were solemnized in violation of the Child Marriage Restraint Act and Section 5 of the Hindu Marriage Act, 1955.

In several cases, it was found that the particulars and documents furnished by the parties were forged. The court directed the police to conduct a thorough and discreet investigation into the said trusts which were involved in solemnizing marriages in violation of Section 5 of the Hindu Marriage Act, 1955 and the provisions of the Child Marriage Restraint Act, 1929.