Following directions from Deputy Chief Minister and Kalaburagi district in-charge Govind M. Karjol, Deputy Commissioner and District Magistrate B. Sharat has, as a step to prevent the spread of COVID-19, banned all marriage functions in houses, wedding halls, temples and other places in the district to avoid mass gatherings.
He, however, clarified that marriages would only be allowed at the Sub Registrar office where couples could tie the knot in the presence of five witnesses and register their marriages.
The Deputy Commissioner has, however, not issued any order specifying the legal provisions under which he has banned marriage functions, but released a press note intimating the ban.
“COVID-19 has spread throughout the district infecting 1,699 persons. And, 1,310 infected-persons have been treated at designated COVID-19 hospitals till date. Besides, 27 people have died of the pandemic. It was found that youth who participated in private mass gatherings contracted the infection and spread it to their family members. To avoid such situations and keeping larger public interest in view, marriage functions, baby showers and events that attract public gatherings are banned and marriages are allowed to be performed only at the Sub Registrar office till further order,” the note said.
The decision, however, attracted criticism from a section of the legal community.
“Marriages cannot be banned. You can ban congregations at such events. As per Section 5 of the Hindu Marriage Act, a couple can get married even without any witnesses. Marriages cannot be instantly performed at the Sub Registrar office either. Under the Special Marriages Act, a couple have to complete a 30-day notice period before getting married, with registration. What if you want to marry under the Hindu Marriage Act? Can it be done at the Sub Registrar office? You can register a marriage, which is already performed elsewhere with or without witnesses, at the Sub Register office with witnesses under the Hindu Marriage Act. We need to ban mass gatherings to contain COVID-19, but not marriages themselves. But the order appears to ban marriages themselves stating that marriages are allowed only at the Sub Registrar office,” P. Vilas Kumar, a senior advocate from the city, told The Hindu.
