Emilo Khuvung
Kohima | March 23
Parliamentary Secretary, Tourism law & Justice, Yitachu said the “Nagaland Registration of Marriage Bill, 2012”, is a citizens’ protective law, which will also stop child marriage and put a check on women trafficking and prostitution. Briefing media persons this morning at his official residence, the Parliamentary Secretary said, except Nagaland, rest of the country has the Marriage Registration Act. He maintained that the Bill was introduced after having a consultation meeting with the Women Development department, Nagaland State Women Commission (NSWC), Nagaland Christian Revival Church (NCRC), Nagaland Catholic Church Council (NCCC), Nagaland Baptist Church Council (NBCC), Naga Mothers Association (NMA) and Naga Students Federation (NSF) who gave their consent saying it as a “good law”.
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. Clarifying, Yitachu said there are different ways of marriage be it, court marriage, church or through other customary practices, yet, he said church or court is not duty bound to maintain, and thus, the marriage document through the Registration of Marriage Act become the basic necessity especially when a married couple moves out of the state.
As stipulated time remains, he said anyone can register with a payment of Rs. 5 while Rs. 10 will be charged as late fine on the expiry of the period, he said “This is a very good law, which is the same as obtaining birth and death certificate”.
The Parliamentary Secretary also said that once this bill becomes an Act, this will be compulsory though no penalty is imposed.
On the 33 % Reservation, he said Article 371 (A) is the identity and safeguard of the Nagas that is given under the constitution of India yet the parliament will not make any law under Article 371 (A), adding that the responsibility is on the state assembly to come up with any kind of law within Article 371 (A) and said, it is ‘we’ to legislate and use it for our people as right is already there for us”.
He said, the government has constituted a Standing Committee under his chairmanship to scrutinize all Parliamentary Acts to review the Act, as per article 371 (A) whether it is infringing to the act. Members will include CLP Leader, Tokheho, MLA Joshua, MLA Dr. Nicky Kire, MLA Azhetoi Zhimomi, Advocate General and Member Secretary Law.
Likewise on marriage customary practices, he said laws are made to recognize marriages and to make it smooth functioning and said this is a state act, trying to protect the customary practices of “our land”. Yitachu said once this bill becomes an act, cells will be opened in all the district headquarters.
Mention may be made here that the Nagaland State Commission for Women has also expressed concern over the rising trend of violence against women, where the commission has also asked the State Government to implement the Prevention of Domestic Violence Act and also compulsory Registration of Marriage Act in the State.
Marriage Bill 2012 deferred to next session
Nagaland Legislative Assembly (NLA) Speaker Kiyanilie Peseyie said the consideration and passing of Nagaland Registration of Marriage Bill 2012 has been deferred to the next session. Peseyie told the floor of the House that the consideration and passing of the said Bill has been deferred to next session since the House required elaborate study on this matter. Mention may be made that the Parliamentary Secretary for Law & Justice Yitachu on March 13 introduced the Nagaland Registration of Marriage Bill 2012 and the same was scheduled to be taken up on March 15. The object of the registration of marriage is to provide evidence that the marriage has actually taken place. It is learnt that the proposed Bill is in compliance of the Supreme Court direction to provide legislation for recording and registering marriages so that the record of marriage can be placed as evidence in different proceeding, if necessity arise, e.g. divorce or denial of marriage. In the absence of records, it becomes difficult to prove that one is married.
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