The petition by church elders that Christian marriages be exempted from the Compulsory Registration of Marriages Act which makes registration of marriage/cohabitation compulsory has brought to the fore the underlying problem in accepting a proposal from an NGO without a popular debate on the issue and turning that into a law. The proposal seeking compulsory registration of marriage came from the Mait Shaphrang Movement (MSM)which had been cogitating on the plight faced by large numbers of Khasi women who are abandoned by their partners. Khasi society recognises cohabitation (two adults choosing to live together outside the formal institution of marriage) as legitimate. Even children born of such unions are socially embraced and recognised as legitimate offsprings of the couple. Many such unions have stood the test of time. Others are short-lived. The MSM felt that some legal sanctity should be accorded to such unions outside the formal, legal institutions so that the woman can claim alimony without undergoing too much pain and trauma. Also because Khasi societal norms decree that when the man leaves his wife, the children continue to live with their mother and are brought up by her. This is very burdensome for the woman and for the children who often have to drop out of school due to penury. A broken relationship takes its toll on the woman and children but leaves the man free from all liabilities.
On the face of it therefore the Compulsory Registration of Marriage Act is an attempt to correct the discriminatory nature of Khasi marriages where the burden of bringing up children falls solely on the woman after a divorce/break-up/abandonment. However, the church elders’ objection to this attempt to bring all marriages under the State law is understandable since that would be repeating a process that is already sanctioned by the Christian Marriage Act 1872.
The problem here is that when the Bill was introduced in the legislature it was not adequately debated and thrashed out to bring in the necessary checks and balances. There are many who still feel that cohabitation has its place in Khasi society and that couples should be given the option to exercise their choice of whether to register their union/marriage or continue to live as per the social norms. The Government might like to take a second look at the Act or it will face legal hurdles.
