Minority panel opposes Gujarat draft marriage rules, flags privacy and safety concerns

By A Representative

The Minority Coordination Committee (MCC), Gujarat, has raised strong constitutional objections to the proposed Gujarat Registration of Marriages (Amendment) Rules, 2026, urging the state government to withdraw or substantially amend the draft provisions.

In a detailed representation submitted to the Additional Chief Secretary, Health and Family Welfare Department, MCC Convener Mujahid Nafees argued that the draft rules infringe upon fundamental rights, particularly the right to privacy, personal liberty, and dignity guaranteed under the Constitution.

The objections come in response to a draft notification issued on February 20, 2026, under the Gujarat Registration of Marriages Act, 2006.

Nafees stated that provisions mandating the collection of parents’ Aadhaar details and compulsory intimation to them amount to “an unwarranted intrusion into the private sphere of consenting adults.” He warned that such requirements could undermine the autonomy of individuals in choosing their life partners.

Citing key Supreme Court judgments, the MCC submission emphasized that the right to choose a partner is intrinsic to personal liberty and cannot be interfered with by the State or third parties. It also highlighted that inter-caste and inter-faith marriages, recognised by courts as socially progressive, could be put at risk if personal details are disclosed.

“The proposed rules may expose couples to harassment, coercion, violence, and even so-called honour crimes, thereby endangering their life and safety,” Nafees said.

The representation further argued that imposing parental notification requirements solely in marriage registration—while no such conditions exist in other civil transactions—violates the constitutional guarantee of equality under Article 14.

The MCC also invoked the doctrine of proportionality, contending that the proposed measures are excessive and not justified by any legitimate state objective. It pointed to recent judicial developments, including a ruling of the Allahabad High Court that read down mandatory public notice provisions under the Special Marriage Act to protect privacy and personal liberty.

According to the committee, the draft rules deviate from the original intent of the Gujarat Registration of Marriages Act, which was designed to facilitate registration rather than regulate personal choices.

In its submission, the MCC has demanded deletion of provisions requiring disclosure of parents’ details and mandatory declarations, and called for limiting the process strictly to verification of consent, age, identity, and marital status.

“We trust that the government will take appropriate action in accordance with constitutional values,” Nafees added.

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