HC orders government to digitise marriage, divorce registration
The court said the absence of an operational and effective digital database facilitates fraud, undermining citizens’ dignity and fundamental rights, including those guaranteed under Articles 31 and 32 of the Constitution
The High Court has ordered the government to fully digitise the registration of marriage and divorce to ensure that every citizen can access and benefit from a secure and functional digital system.
The bench of Justice Fahmida Quader and Justice Mohammad Asif Hasan delivered the verdict today (11 December) while disposing of a rule issued in response to a writ petition filed in 2021.
Advocate Ishrat Hasan appeared for the petitioners, assisted by lawyer Tanjila Rahman.
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In its observations, the court noted that under the current manual system, it is not possible to effectively verify marriage and divorce records, which disrupts family stability and often leads to disputes concerning the legitimacy of children.
The court further said the absence of an operational and effective digital database facilitates fraud, undermining citizens' dignity and fundamental rights, including those guaranteed under Articles 31 and 32 of the Constitution.
"The right to life is not merely the right to exist, it includes the right to live with dignity," the verdict stated.
The court remarked that although relevant laws exist, the authorities have failed to create a complete, functional, and operational digital mechanism for marriage and divorce registration.
Advocate Ishrat Hasan told reporters the court ordered the authorities to ensure mandatory digital registration for all marriage and divorce records so that the information remains protected in the government system, the database functions effectively, and citizens, especially women can easily verify records and obtain digital copies.
The authorities have also been instructed to submit a compliance report within the shortest possible time.
Ishrat said it would contribute to family security, women's safety, prevention of child marriage, legal transparency, and the eradication of fraud related to marriage and divorce.
"Once digitisation is implemented, issues like secret marriages, concealing previous marriages, hiding divorce records, and proving divorce will significantly decrease, helping restore social trust and protecting citizens' dignity," she said.
Advocate Ishrat Hasan filed the writ petition on 4 March 2021 on behalf of four victims, arguing that the lack of a central digital database makes it nearly impossible to verify marriage and divorce records, an issue that has encouraged a rise in fraud.
After hearing the petition, the High Court issued a rule on 22 March 2021, asking why a central website for digital marriage and divorce records should not be created.
