Introduction:
In a recent crackdown on marriage fraud, the Allahabad High Court, under Justice Vinod Diwakar, uncovered an organized racket of touts, agents, and legal professionals involved in arranging sham marriages through forged documents. These fraudulent marriages, often facilitated by certain trusts and societies operating near district courts, exploit runaway couples seeking protection. The Court expressed deep concern over the role of these entities, which, in collusion with local authorities, create a thriving ecosystem for unlawful marriage certification. The case in question, a protection plea by a young couple, unveiled a complex network of fake marriages and documented instances of human trafficking and exploitation among minors. This revelation has prompted the Court to demand a thorough investigation into these illicit practices, which compromise the integrity of judicial processes by leveraging forged documents to secure protection orders.
Petitioners’ Arguments (Runaway Couple):
The petitioners, represented by their counsel, sought protection from the Allahabad High Court, claiming they had married according to the Arya Samaj tradition. They asserted that as consenting adults, they had the right to marry and be safeguarded against any familial or social backlash. Their counsel contended that they were facing potential harm and persecution from their families, emphasizing that, as per Article 21 of the Indian Constitution, the petitioners have the right to live with dignity and security. They urged the Court to uphold their rights and issue a protection order based on their Arya Samaj marriage certificate, which they claimed was legally valid.
State’s Arguments (Opposition to Protection Order):
Representing the state, the counsel argued that recent findings indicate that many certificates from certain Arya Samaj organizations are forged and are often used to manipulate the judicial system. They highlighted concerns regarding the authenticity of the petitioners’ marriage certificate and suggested it was part of a widespread problem where underage girls are coerced into sham marriages with older men, violating the Hindu Marriage Act and other protective laws. The state contended that any marriage certificates produced by suspicious organizations or unauthorized agents should be thoroughly investigated. Additionally, the state emphasized that this pattern of sham marriages undermines legal protections for minors and places an undue burden on the courts. They requested the Court to deny the petitioners’ protection plea until a verification report on the marriage certificate was obtained.
Court’s Observations and Judgment:
Justice Vinod Diwakar’s review of the case led to significant observations regarding the prevalence of fraudulent marriages in the area. The Court highlighted that an organized racket of touts and legal agents, often in collaboration with rogue Arya Samaj societies, manipulates young couples by providing fake marriage certificates and identification documents to secure court protection orders. The Judge pointed out that these trusts function in collusion with certain authorities, creating a system that enables marriages in blatant violation of the Hindu Marriage Act, particularly Section 5, which outlines the essential criteria for a legal marriage.
The Court’s scrutiny of the documentation submitted by the couple revealed disturbing inconsistencies in the Arya Samaj marriage records. The police verification report disclosed multiple instances of falsified documents, including forged Aadhar and PAN cards, and unverified school records. In several cases, young girls aged between 12-15 years were allegedly subjected to sham marriages with older men, resulting in child exploitation under the guise of matrimony. The Court further noted that the records lacked essential details, such as information about witnesses, including contact information, identity verification, and the names of officiating Purohits and trust officials. This absence of key details called into question the legitimacy of the marriages being sanctioned.
Justice Diwakar voiced grave concerns over these fake marriages, recognizing them as a gateway to human trafficking, sexual exploitation, and forced labour, especially for vulnerable minors. The Court observed that this orchestrated fraud subjects children to psychological harm, disrupts their education, and often places them in exploitative relationships. Such illicit practices, the Court emphasized, compromise not only the welfare of the youth involved but also the judicial system, as numerous protection petitions are filed based on these fraudulent documents.
In response to these alarming findings, the Court directed the Commissioner of Police, Ghaziabad, to investigate the involvement of specific organizations and individuals. Justice Diwakar underscored the need for a systematic verification process for marriage documentation to prevent future exploitation. He instructed local law enforcement to conduct a thorough inquiry and, if warranted, to file FIRs against individuals or entities engaged in criminal offences related to this racket. The Court clarified that any evidence of a cognizable offence should lead to immediate legal action.
In addition, the Court had already issued orders in September for a preliminary inquiry into several Arya Samaj Mandirs and societies operating in Uttar Pradesh, particularly in Gautam Budh Nagar and Ghaziabad. This ongoing investigation seeks to expose and halt the operations of such institutions that provide fraudulent marriage certificates. Justice Diwakar stressed the urgent need for these organizations to be held accountable for their role in facilitating fraudulent marriages. He urged the development of a robust system to ensure the legitimacy of marriage certificates issued by such entities and emphasized that accountability measures are crucial to uphold the sanctity of marriage and protect vulnerable individuals.
Justice Diwakar further reiterated that these sham marriages create severe societal issues, including forced child labour, human trafficking, and the psychological trauma of minors forced into marriages. He pointed out that these fraudulent practices also contribute to an increased caseload on the judiciary, as courts are often drawn into unnecessary protection cases based on fictitious documentation. This phenomenon, the Court noted, necessitates stricter oversight and accountability for religious trusts and societies involved in certifying marriages.
The Court set the next hearing for November 18 to review progress on the investigation, emphasizing that authorities must submit a detailed report on their findings regarding the fake marriage racket. This directive is intended to expedite corrective measures and deter the establishment of similar practices in other regions.