인도 혼인의무등록에 관한 중앙법령의 필요성 및 법률대안

Under the Constitution, India is a secular democratic republic. Article 22 (Prohibition of Discrimination of Religion) and Article 25 (Freedom of Religion) of the Constitution specify the basis for the equality and freedom of religion. Therefore, India has equally guaranteed personal laws based on respective religious and sectarian sects. On the other hand, Article 44 of the Constitution as state policy of directive principle stipulates that “the State shall endeavor to secure for all citizen a uniform civil code throughout the territory of India.” As a result, the objectives of national unity are conflicted with protection of cultural diversity under the Constitution of India. In this context, the Government of India considers to reform the personal law system based on respective religions by establishing the Uniform Civil Code. The legislation on compulsory marriage registration also is a part of such legal reform. These attempts would be provided new foundation of Uniform Civil Code in India. Most countries are already obliged the compulsory marriage registration. However, India does not have a uniformity of marriage registration because various personal laws based on religion are so prevailed. If the government of India enacted the Uniform Civil Code, it could be expected to make substantive and procedural legal changes of personal law system. However, its feasibility is almost unlikely. In order to ensure minimum legal statue and rights for vulnerable social group such as women and children in existing personal law system, the practical legislation for compulsory marriage registration is so necessary even if it is a procedural legal change. The Supreme Court in the Seema vs. Ashwani Kumar (2006) held that compulsory marriage registration is critically important. It also directed that the States and Union Territories have to take a legal steps for compulsory marriage registration. Nevertheless, the central statute on compulsory marriage registration for all Indian citizen without religious exceptions and exemptions is urgently required now. Accordingly, this article analyses the existing personal law system in India and exams its legal and legislative changes. It also suggests the necessity for amendment of Registration of Births and Death Acts (1969) as one of legal alternatives. Furthermore, it also analyses the legal conflicts that may raise when introducing such legislation.