When Pratima married Bhaktadas Biswas of Debagram in 1972, a law for registering marriages was nowhere on the anvil. Had things been different, Pratima would not have had to battle her husband — who left her for another woman soon after they were married — for over three decades for maintenance. But her marriage had not been registered, and it was only after the Supreme Court intervened that the villager got justice four years ago.

But there is hope today for women like Pratima — even though it is still to take wings. On April 27 this year, the Compulsory Registration of Marriages Bill, 2007, was reintroduced by Vijay J. Darda, a Congress MP from Maharashtra, in Parliament. Yet, despite all its benefits, the Bill has so far failed to drum up government support.

Experts cite several good reasons why a marriage should be registered. Geetanath Ganguly, executive chairman, Legal Aid Services, West Bengal, points out, “Marriage is a social contract between a man and a woman to the exclusion of others. So it’s best to have a stamp of legitimacy and register the marriage.”

Most marriages in India are not registered. In fact, marriage registrar Jayanta Mitra says that only 30 per cent marriages are officially documented. There are, however, numerous cases of wives being denied alimony or maintenance because they cannot furnish proof of marriage in a court of law. “If all marriages are registered, it would save the courts a lot of trouble and the case burden would see a definite climb down,” says Ganguly.

Roma Das, vice-chairperson, West Bengal Commission for Women, agrees. “A registry certificate unequivocally proves a marriage and is evidence in a court of law. And even though it can’t prevent cheating or the other associated misdeeds summarily, it can restrain these problems to an extent.”

Recently the Supreme Court ruled that all marriages should be registered in order to prevent child marriages, check bigamy or polygamy, help women exercise their right to maintenance from their husbands and win custody of their children in the event of separation or divorce. It is also meant to enable widows to claim inheritance.

It is against this backdrop that the Compulsory Registration of Marriages Bill, 2006, was introduced in Rajya Sabha on March 14, 2006, by Vanga Geetha, then Telugu Desam Party MP. But its reintroduction a year later seems to indicate that the Bill is not a priority for lawmakers.

The Bill has laid down certain provisions for registration. All marriages solemnised in the country would have to be registered within 60 days of a wedding. The onus would be on the husband to get the marriage registered with the designated authority. And if a marriage is not solemnised as prescribed, it would be treated as null and void. A person who fails to register his marriage or gives false information will be fined up to Rs 5,000.

In order to implement this Bill, an officer would be designated for registration of marriages in each district. The designated authority would maintain a detailed marriage register and would also keep a copy in electronic format.

The West Bengal Commission for Women and non-governmental organisations have supported the Bill, but despite their best efforts at turning it into a law, not much has happened in Parliament. “The roadblock is the same as that obstructing the Bill for 33 per cent reservation for women,” says Das. The problem, she stresses, is of mindset which refuses to change.

That apart, another reason for this Bill not becoming an Act is the oft-cited need for a uniform civil code to be in place before its implementation. The term “civil code” is used to cover the entire body of laws governing rights related to property and personal matters like marriage, divorce, maintenance, adoption and inheritance. There are now different laws governing these aspects for different communities in India.

The Bill doesn’t enjoy consensus among members of all communities. The All India Muslim Personal Law Board (AIMPLB) representing the Muslim community, for one, is strongly opposed to the “compulsory” clause. “We do back the sentiments behind this Bill — getting maintenance, custody rights for women and making sure that they aren’t cheated out of what is legitimately theirs but some of the provisions need to be changed,” says S.Q.R. Ilyas, member, working committee, AIMPLB.

He explains, “For us the marriage age is decreed by the attainment of puberty whereas this Bill talks of 18 years for girls and 21 for boys. Also, the majority in this country is illiterate. So the clause that a marriage will be declared null and void if not registered within 60 days is highly problematic. It means that a marriage could be nullified due to ignorance.”

NGOs think that there is a need to have an awareness campaign to explain the process of registration. Such a campaign would help clarify misconceptions about marriage registration and benefit couples.

Only time will decide the fate of the Bill. But till it is enacted, women like Pratima will have to battle on.