Allahabad HC orders probe into Arya Samaj Mandirs, societies, trusts

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Synopsis

The Allahabad High Court has ordered a full-scale probe into the functioning of various Arya Samaj institutions in Uttar Pradesh involved in solemnizing marriages, especially those of eloped couples.

The court made this order in a case where fraudulent activities and legal violations in the registration of such marriages came to light. These actions can have an impact on vulnerable individuals and lead to wider societal problems, such as human trafficking, exploitation and coercion.

The bench of Justice Vinod Diwakar directed the Commissioners of Police of Gautam Budh Nagar and Ghaziabad to conduct a thorough investigation into the trusts and societies connected with Arya Samaj institutions that solemnize marriages. The investigation will include examining the background and credentials of officials who solemnize marriages, verifying marriage registration documents and investigating financial transactions related to these institutions.

Several petitions were filed by couples who had eloped and married through Arya Samaj institutions. The petitioners, who usually cited threats to their safety from relatives who opposed their marriage, relied on certificates issued by various Arya Samaj Mandirs in Ghaziabad, Noida and other locations. However, police verification of these certificates had often revealed discrepancies, including forged documents, false declarations and illicit affiliations with Arya Samaj institutions.

Expressing concern over the societal impact of such practices, the court noted that several marriages appeared to be in violation of laws such as the Child Marriage Restraint Act and Section 5 of the Hindu Marriage Act, 1955. Furthermore, the court noted that the institutions were accused of facilitating fraudulent documents for minor couples, runaways and other vulnerable parties.

In one of the petitions, the Arya Samaj Pratinidhi Sabha, headquartered at Meerabai Marg, Lucknow, was ordered to produce all relevant documents relating to its activities and affiliated associations. Despite being given several opportunities, the Sabha’s compliance was delayed, prompting the court to take stringent action. In its sworn statement, the Sabha’s counsel acknowledged shortcomings and promised to suggest reforms to regulate marriage ceremonies more effectively.

Therefore, the court directed the Principal Secretary (Stamp & Registration), Lucknow to personally monitor compliance with the earlier court orders, ensure that proper records are maintained and that the registration process is lawful and transparent. In case of non-compliance, the Principal Secretary should file a personal affidavit explaining the reasons for delay, as per the court’s directions.

The court highlighted the broader implications of the issue and stressed the need for robust mechanisms to prevent fraudulent marriages and protect young couples from possible exploitation. It pointed out that unauthorised Arya Samaj institutions were often used by couples seeking quick marriages without parental consent, with minimal attention to legal formalities. These practices have been linked to cases of sexual exploitation and child trafficking.

Therefore, the court directed the Gautam Budh Nagar and Ghaziabad police commissioners to collect discreet information on how these institutions operate, including their financial transactions, social profiles and criminal antecedents, if any, of the parties involved. The probe is aimed at exposing the systemic flaws that allow such marriages to be registered on the basis of forged documents, misleading statements and false addresses.

The court has scheduled the next hearing for September 26, 2024, during which detailed reports from both commissioners and further compliance by the Arya Samaj Pratinidhi Sabha will be required.

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