New Delhi, Jan. 13: The National Law Commission has recommended that the Centre bring an act making registration of marriages and divorces mandatory for all, irrespective of religion.

In a report titled Laws on Registration of Marriage and Divorce — A Proposal for Consolidation and Reform, the commission has suggested that the act should be applicable to all “irrespective of their religion and personal law and without any exceptions or exemptions”.

The proposal, now under the consideration of the law ministry, is not binding on the government. But it could stir a controversy if people see it as an attempt to interfere with their religious practices.

“The proposed law should declare failure to register a marriage or divorce to be an offence punishable with heavy fines and, in default of payment of fine, with imprisonment for a prescribed period.”

It should provide that no judicial relief would be granted in a disputed matter if a marriage or divorce is not duly registered under its provisions.

The commission has recommended that the new law be made overriding on all other laws through a legal clause inserted in it.

Pushing for a larger role for religious officials solemnising marriages, the commission has said the act should make it “mandatory for the officiating priest of every marriage to prepare and maintain proper records of all marriages in a prescribed form”.

All such officials would have to transmit copies of their records at regular intervals to the local marriage and divorce registration officer.

The commission has also suggested that the government set up a common machinery for registration of marriages and divorces at district or sub-district levels.

The law commission report assumes significance in the light of last year’s Supreme Court order on compulsory registration of marriages for all religions.

At present, marriages are registered under one of three central laws — the Births, Deaths and Marriages Registration Act, 1886, the Registration Act, 1908 and Registration of Births and Deaths Act, 1969 — or by a local law or a combination of both.

There are a few state laws on marriage registration in Maharashtra, Andhra and Bengal but there is no single administrative machinery for registration of marriages that is applicable to all under the same law, the report has said.

“There is a tremendous diversity of laws relating to registration of marriages making it complicated and confusing… This leaves abundant room for misuse of law and cause great hardship to women.”

According to the report, the only laws that provide for any kind of registration of divorce relate to Muslims and Parsis. “All other marriage registration laws do not provide for registration of divorces although it is a socially beneficial proposition.”

The commission has said if the recommendations are accepted and implemented, they “will hopefully address the concern… behind the Supreme Court’s repeated directive to state governments to ensure compulsory registration of all marriages in the country”.