The Allahabad High Court has directed the police in Uttar Pradesh’s Gautam Buddh Nagar and Ghaziabad to investigate claims that the Hindu group Arya Samaj is facilitating illegal marriages, reported Live Law.
The investigation will extend to the group’s mandirs, societies, trusts and other institutions.
Justice Vinod Diwakar passed the order on a clutch of petitions filed by married couples seeking protection from their families.
A preliminary inquiry by the police suggested that at least 15 outfits operating under the aegis of the Arya Samaj had solemnised the marriages illegally. The groups were also not officially registered with the Samaj’s headquarters in Delhi.
The judge observed that these unions were registered by district authorities based on invalid marriage certificates issued by the Arya Samaj groups, on the basis of forged documents and incorrect personal details.
The marriages were also solemnised in contravention of the provisions of the Child Marriage Restraint Act and the Hindu Marriage Act, Diwakar noted.
“Such marriages lead to human trafficking, sexual exploitation and forced labor,” the court said. “Children endure emotional and psychological trauma caused by social instability, exploitation, coercion, manipulation, and the disruption of their education…A robust system for document verification and ensuring the accountability of trusts and societies needs to be developed.”
However, the court also said these findings were only illustrative and not exhaustive.
“The above mentioned list of Arya Samaj Mandirs and Societies/Trusts involved in solemnisation of marriage are only indicative in nature,” the court order said. “There are many more such institutions involved in solemnisation of marriage, the activities of the same shall also be inquired into accordingly by the police.”
The Gautam Buddh Nagar and Ghaziabad commissioners of police have been asked to submit reports in the matter before September 26, when the cases will be heard next. A total of 42 related petitions have been attached to this matter.
When the case was listed for hearing in August, the bench noted the failure of any Arya Samaj representative to appear in court despite notices being served to the group.
The group has been given a last opportunity to appear before the court.
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