SHILLONG: The three pastors who had filed a writ petition in the High Court of Meghalaya in 2016 challenging the validity of the Meghalaya Compulsory Registration of Marriage Act, 2012, will not pursue the case further.
The pastors under the leadership of Rev. Seinborly Diengngan, Rev. Thanlijoy Diengdoh, Nongpyndeng, and Rev. P. Gleamland Khongsdir filed a writ petition last year.
Speaking to media persons on Tuesday, senior advocate V.G.K Kynta said, “They don’t want to pursue the case any further in the High Court as a good gesture. They wanted to withdraw since the objective of filing the writ petition has been achieved.”
The pastors challenged the validity of the Meghalaya Compulsory Registration of Marriage Act, 2012, including the amendment and rules introduced in 2015 on the grounds that they were legislated in the Indian Christian Marriage Act, 1872.
Pointing out that members of the Christian community were aggrieved, especially those who solemnised their marriage, Kynta asserted that under the Act of 2012, the married couple will have to again get themselves registered.
He said a penal provision in the State Act that says the certificate granted by the government will be the conclusive proof had disturbed the pastors.
By amending the Act of 2012, the government has restored them the right to give certificates to believers, which are conclusive proof, Diengdoh said.
Referring to Maitshaphrang Movement convener Michael Syiem, who asserted that the pastors do not counsel families who are on the verge of break-down, he said, “We counsel families the moment we see infighting. How does he know that we don’t counsel? It is a very stupid comment.”
On the filing of returns, Kynta said, “In the Central Act there are provisions for filing of returns periodically in which pastors who solemnise marriages will have to submit the number of marriages that they have solemnised during a particular period. In other words, it is keeping records of marriages solemnised by pastors.”
Kynta stated that returns will be filed under the state Act and there is no issue as there is a need to keep record of marriages solemnised by the pastors.
Diengdoh said the government will have to frame rules on the filing of returns whether quarterly or yearly. “It is up to the government to write to us on the details about what we should do,” he added.
He lamented that the district council does not have a registrar general in the KHADC as it is the District Council that gives license to pastors to solemnise marriages.
Lapses in the Bill
When asked on the lapses of the Meghalaya Compulsory Registration of Marriage Act, 2012, Kynta said that the act has no objective.
He stated that the government was wrongly advised in terms of legislation of the rules.
