The dangerous doomsday Nagaland has been averted recently, as the Nagaland Registration of Marriage Bill, 2012 in the Nagaland Legislative Assembly was deferred.
It would be a temporary relief as the Bill now deferred. But the real acid test will come sooner of later and could have a serious ramification and complication had the Bill passed and the Government of the Day could face a crucial deciding fade in the 2013 Nagaland General Elections.
The present Bill which was introduction in the August House of Nagaland Legislative Assembly in present form is “at all not applicable in the context of Naga society or for the people of Nagaland”.
The Bill has to be rejected by the people at large by any cost and the present government, which claims it’s self as “people and welfare government” studied the Bill carefully and withdraw the Bill.
It is very well appreciated of the fact the respected organization the Angami Public Organization (APO) which voiced their concern is truly right when the Angami Public Organization (APO) says “there is not much problem” in the “Naga way of matrimony” . And the APO expressing that the bill may “compromise the Naga rights and ownership to immovable properties in Nagaland which otherwise is protected for the Nagas.” A marriage, once registered, the APO said, may “give legal document for vested interest to contest the properties of the Nagas unless equivocal protective clauses/instruments are firmly enshrined” is “totally correct”.
Some certain lacunae the Nagaland Registration of Marriage Bill, 2012 are already found the Bill and shockingly the concerned Parliamentary Secretary Law and Justice Yitachu contradicting the Bill, to which he presented(According to newspapers reports) in August House and while talking to the journalists on 23rd March.
Quote from Eastern Mirror report 24th March …. Yitachu clarified that the Bill is similar to the registration of Births and Deaths and will be optional, meaning it will be open for those who want to get their marriages registered while there will be no penalty for those who choose not to…..
Again his Quote “Stating that Nagaland is the only state which does not have a Marriage Registration Act ” . I am doubtful whether is right or wrong , because , have not come across of other states(or for that matter all states in India) having a Marriage Registration Act.
Quote from Morung Express report 24th March… Clearing the confusion on the Bill, Yitachu maintained that “Nagaland Registration of Marriage Bill 2012” is only a “State Act”, adding this act is only an additional responsibility to the state government (home department) to open a cell that will maintain a register for those who wanted to get their marriage registered though the act an optional, he said.
Again his quote …The Parliamentary Secretary also said that once this bill becomes an Act, this will be compulsory though no penalty is imposed…
These words published in black and white and are serious contradictions of the Bill introduced in the August House …
…But according to the Nagaland Registration of Marriage Bill, 2012 –
Chapter –III –Registration of Marriages
…6. Every marriage is to be registered:- After the date on which the provision of this Act have been brought into force in any area under Clause (3) of Section -1, every marriage contracted in Nagaland shall be registered in the manner provided in clause 7 of this Act.
…7. Memorandum of marriage:- (1). The Parties to a marriage or their fathers or guardians shall prepare and sign a memorandum in the form in the schedule and shall deliver or send by registered post the said memorandum in duplicate to the Registrar of Marriages of the area, within a period of 30 days from the date of the marriage.
…10. Voluntary registration of marriages contracted in area in which this Act is applicable. (1) In any area in which the provisions of this Act are not in force the parties to a marriage contracted in that area, or that their fathers or guardians when they shall not have completed the age of 21 years .
..12. Non-registration not to invalidate marriage
Chapter V –Penalties
..16. Penalty for neglecting to comply with the provisions of section 7 or making any false statement in the memorandum…. (1) wilfully omits or neglects to deliver or send memorandum as required by section (7)
….(ii) makes any statement in such memorandum in such memorandum which is false in material particular , and which he knows or has reason to be believe to be false; …. Shall on conviction , by punished with fine which may extend to two hundred rupees.
..17.Penalty for failing to file memorandum :- Any Registrar of Marriages , who fails to file the memorandum pursuant to clause 7 shall, on conviction , be punished with rigorous imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.
..18. Penalty for secretly, destroying or altering marriage register :- Any person secretly, destroying or dishonestly or fraudulently altering the marriage register or any part thereof shall, on conviction , be punished with imprisonment for a term of which may extend to tow years , and shall also be liable to fine.
Chapter –VI
Miscellaneous
…20. Indemnity to persons acting under this Act:-No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to do under this act.
..21. Previous sanction of the government:- No prosecutions for any offence punishable under this Act shall be instituted except with the previous sanction of state government.
It is better the state government thoroughly go through the Bill and withdraw the Bill in the larger interest of the Nagaland state. I could be very better that the Naga NGO’s, Churches, Civil Societies, Students unions have a look at the Bill which was introduced the August House and deferred for the time being.
… And not forgetting the Political parties to have a look at the Bill and read it’s contents carefully.
Kethokhrielie Angami, Kohima Town
