M. Sridhar Acharyulu DECISION
M. Sridhar Acharyulu, Information Commissioner
Parties Present:
1. Appellant is present. Mr. Pankaj Kumar, UDC, Revenue Deptt, 5, Sham Nath Marg, Delhi represents Public authority.
FACTS:
2. The appellant filed the RTI application seeking information about action taken on order dated 21.4.2014 about appointment of additional marriage officers. The CPIO gave information that the matter is being processed and is lying with concerned higher officers. The appellant filed appeal before the first appellate authority (FAA). FAA directed CPIO to provide the information on point 2 & 3. Dissatisfied, the appellant filed a second appeal before this Commission under section 19(3) of the RTI Act.
Proceedings before the Commission:
3. The appellant filed the RTI application seeking information about action taken on Delhi (Compulsory Registration of Marriage) Executive Order No. F. 1(12)/DC/MC/2014 dated 21.4.2014 regarding appointment of additional marriage officers in compliance with directions given by Hon'ble Supreme Court of India in case of Smt. Seema vs. Ashwani Kumar. The CPIO gave information that the matter is being processed and is pending with concerned higher officers. The appellant filed appeal before the first appellate authority (FAA). FAA directed CPIO to provide the information on point 2 & 3. Dissatisfied, the appellant filed a second appeal before this Commission under section 19(3) of the RTI Act.
4. The appellant stated that as per proviso to clause 3 of Delhi (Compulsory Registration of Marriage) Executive Order No. F. 1(12)/DC/MC/2014 dated 21.4.2014; the government of NCT of Delhi may appoint additional marriage officers for the purpose of registration of marriage and may also delegate the power of marriage officers to any retired gazette officers appointed for this purpose. He wanted to know if this executive order has been complied with or not.
5. The appellant also emphasized that requisition of Aadhar Card as a compulsory document was causing hardships to couples in getting their marriage registered. He reiterated the ruling in Writ Petition No. 494/2012: in the case of Justice K.S. Puttaswamy v. Union of India. In the said writ petition, a bench comprising Justice J. Chelameswar and J. Bobde had held in the ad-interim order of September 23, 2013 that no person should suffer for the lack of an Aadhar card despite the fact that a government authority had issued a circular making it mandatory to submit the Aadhar card to avail of certain facilities. He also placed on record letter dated 24.3.2015 addressed by SDM-HQ-II to all Deputy Commissioners of Revenue Department of government of NCT of Delhi specifying that strict compliance of orders of Supreme Court in this regard was to be observed and any administrative instruction in violation of the order of Supreme Court will have no validity. Thus, appellant submitted that the requirement of Aadhar card should not be made compulsory for marriage registration if there is an alternate id proof. The appellant stated that in the procedures for registering solemnization of marriage under Special Marriage Act makes Aadhar card a mandatory document for generating receipt for 30 days notice as options for other identity card is not available while applying online.
6. The officer representing public authority stated that the Marriage Registration Certificate is issued to both Husband and Wife whose marriage has already been solemnized. The Registration is done under Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. He said that they are complying with the order of Hon'ble Supreme Court and that Aadhar card bearing unique identification No. is no more a compulsory document required for registration of marriage. He added that if Aadhar No. is not available, any one identity proof i.e., Voter ID card/driving license/passport/pan card is sufficient. He further said that necessary changes have also been updated on their official website. However, applicant's for registration online are finding no option of alternate ID, except Aadhar card. Beca........