The Allahabad High Court has directed a comprehensive investigation into the operations of various Arya Samaj institutions throughout Uttar Pradesh that are responsible for officiating marriages, with a particular focus on those involving runaway couples.

The court issued this order in response to revelations of fraudulent practices and legal infractions in the registration of these marriages, which could adversely affect vulnerable individuals and contribute to broader societal problems like human trafficking, exploitation, and coercion.

Justice Vinod Diwakar's bench instructed the Commissioners of Police for Gautam Budh Nagar and Ghaziabad to conduct a thorough investigation into the trusts and societies associated with Arya Samaj institutions that perform marriages. This investigation will involve examining the backgrounds and qualifications of the office bearers, verifying the authenticity of marriage registration documents, and reviewing the financial transactions related to these institutions.

Multiple petitions were filed by couples who had eloped and married through Arya Samaj institutions, citing threats to their safety from disapproving family members.

These petitioners had relied on marriage certificates issued by Arya Samaj Mandirs in Ghaziabad, Noida, and other locations. However, police verification of these certificates often uncovered discrepancies, including forged documents, false affidavits, and unauthorized affiliations with Arya Samaj bodies.

The court expressed concern about the societal impact of these practices, noting that several of the marriages appeared to breach laws such as the Child Marriage Restraint Act and Section 5 of the Hindu Marriage Act, 1955. Additionally, it was noted that some institutions were accused of facilitating fraudulent documents for underage couples, eloped individuals, and other vulnerable parties.

In response, the court ordered the Arya Samaj Pratinidhi Sabha, headquartered in Lucknow, to produce all relevant records related to its operations and affiliated societies. Despite multiple opportunities, the Sabha’s compliance was delayed, leading the court to take stringent measures. The Sabha's counsel acknowledged lapses and committed to proposing reforms for better regulation of marriage solemnizations.

Consequently, the court directed the Principal Secretary (Stamp & Registration), Lucknow, to personally oversee compliance with previous court orders, ensuring that records are properly maintained and the registration process is lawful and transparent. Any non-compliance would require the Principal Secretary to submit a personal affidavit explaining the reasons for the delay.

The court highlighted the broader implications of these issues, emphasizing the need for robust mechanisms to prevent fraudulent marriages and protect young couples from exploitation. Unauthorized Arya Samaj institutions were frequently used by couples seeking quick marriages without parental consent, often disregarding legal formalities. Such practices have been linked to sexual exploitation and child trafficking.

Therefore, the court ordered the Commissioners of Police for Gautam Budh Nagar and Ghaziabad to gather discreet information about these institutions, including their financial dealings, social profiles, and any criminal backgrounds of the involved parties. The investigation aims to expose systemic flaws allowing marriages to be registered based on forged documents, misleading affidavits, and fake addresses.

The next hearing is scheduled for September 26, 2024, where detailed reports from both Commissioners and further compliance from the Arya Samaj Pratinidhi Sabha will be required.