Gujarat Proposes Parent Intimation Rule for Marriage, Sparks Liberty Debate

The Gujarat government has proposed amendments to marriage registration rules that would make parental intimation a formal part of the process. The move has triggered a nationwide debate over personal liberty, privacy, and the role of the state in adult relationships.

If implemented, the changes would require couples to declare whether they have informed their parents about their marriage, while authorities would also notify parents after the application is submitted.

What the Proposed Rules Say

Under the draft amendments to the Gujarat Registration of Marriages framework:

• Couples must state whether parents have been informed.

• Applicants must provide parents’ names, addresses, Aadhaar details, and contact information.

• Authorities will notify parents within 10 working days of submission.

• Marriage registration will proceed after 30 days if requirements are met.

• Details will be uploaded to a proposed government portal.

The state has invited public feedback for 30 days before finalising the rules.

Government’s Rationale Behind the Proposal

State officials said the proposal aims to strengthen procedural safeguards, particularly in cases involving elopements, fraudulent identities, and disputes linked to interfaith relationships.

The government maintains it is not opposed to marriages of choice but intends to prevent deceit and ensure transparency. Officials described marriage as a social institution with cultural significance and stressed the need to prevent misuse through false identities.

Legal and Constitutional Concerns Raised

The proposal has raised concerns among legal experts and civil rights advocates, who argue that the measure could conflict with constitutional protections of personal liberty and privacy.

The Supreme Court has consistently upheld the right of consenting adults to choose their partners as part of fundamental rights under Article 21.

Hadiya Case Cited in Public Debate

Critics have pointed to the landmark 2018 Supreme Court judgment in the Hadiya case, which affirmed that adult individuals have the autonomy to choose their spouse and faith without state interference.

The court ruled that the right to marry a person of one’s choice lies within the core zone of privacy and individual freedom. It emphasised that personal choices regarding marriage fall outside state control and must be protected as part of constitutional liberty.

Balancing Autonomy and Oversight

The proposed rules highlight the ongoing tension between safeguarding individuals from exploitation and preserving personal freedoms. Supporters argue that parental notification could help prevent coercion or fraud, while critics warn it may infringe upon privacy and autonomy.

The Gujarat government has stated that the final decision will be taken after reviewing public feedback during the consultation period.

The proposal is expected to remain a focal point in discussions on personal liberty, governance, and the evolving role of the state in private relationships.