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International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 8, ISSUE 1 (2026)
Assessing the nexus between compulsory hindu marriage registration and human rights protections
Authors
Avani Agrawal, Arushi Agrawal, Mahi Tiwari, Palak Joshi, Saloni Rajawat
Abstract

Marriage occupies a central place in Indian society, especially within the Hindu legal framework, where it is regarded as both a social and religious institution. Despite this significance, the registration of Hindu marriages under the Hindu Marriage Act, 1955 remains largely optional, which has led to several legal and social complications. This research paper examines the issue of non-registration of Hindu marriages from a human rights perspective, with particular emphasis on its impact on women and children. Unregistered marriages often result in denial of matrimonial rights, difficulties in proving marital status, and increased vulnerability to practices such as bigamy, child marriage, abandonment, and marital fraud.

The paper analyses the existing legal framework governing marriage registration, including statutory provisions, judicial pronouncements, and state-level legislations that mandate compulsory registration. It highlights how courts, especially the Supreme Court in Seema v. Ashwani Kumar, have repeatedly stressed the importance of mandatory registration as a means to protect women’s rights and prevent social evils. The study also reviews recommendations made by the Law Commission of India and legislative efforts aimed at introducing a uniform system of marriage registration across the country.

By adopting a doctrinal research methodology, the paper argues that compulsory registration does not interfere with religious customs but rather strengthens legal protection and access to justice. The research concludes that a central legislation or an amendment to existing registration laws is essential to ensure uniformity, simplify procedures, and safeguard human rights. Mandatory marriage registration is ultimately presented as a crucial step toward gender justice, legal certainty, and social reform.
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Pages:120-122
How to cite this article:
Avani Agrawal, Arushi Agrawal, Mahi Tiwari, Palak Joshi, Saloni Rajawat "Assessing the nexus between compulsory hindu marriage registration and human rights protections". International Journal of Law, Policy and Social Review, Vol 8, Issue 1, 2026, Pages 120-122
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