Why we need an e-marriage and divorce system

The significance of an online marriage and divorce registration system and database is unparallel especially now when everything is going digital in the country. Once it is implemented, citizens will be able to access their information online, validated by the government, whenever they need it and without having to pay unnecessary fees

While most public services are becoming digital, the marriage and divorce registration system in our country still remains in a primitive state. Its age-old system of manual registration and paperwork desperately needs the government's attention. 

It is high time that our existing marriage and divorce registration systems are digitalised in our quest to establish a digital Bangladesh. 

Currently, the process of marriage and divorce registration rests solely in the hands of Nikah Registrars appointed by the government. They work under the supervision of the Registrar, who in turn reports to the Inspector General of Registration of the Registration Directorate which is a department under the Law and Justice Division of the Ministry of Law, Justice and Parliamentary Affairs. 

And, this entire process is paper-based.

Marriage and divorce registration takes up only a small portion of the Law and Justice Division's administrative functions. And so, there remains huge scope for errors stemming from negligence. 

Why do we need a digital marriage and divorce registration system? The answer is simple: to make our lives easier. Currently, there are more than 700 services including birth and death registration, National ID, passport, driving license, copyright, trademark, registration of public examinations and many others that can be availed online.  

If all other government services are being brought under digitalisation, then why not the marriage and divorce registration system too with a supporting database?

Prospects of e-registration of marriage and divorce and an online database

A government website with its usual template can be designed to accommodate a marriage and divorce registration portal. 

The portal will allow users to create accounts with mandatory input of NID/BRC numbers and validate their registration through mobile phones. This would not only create authenticity but also ensure that applicants are meeting the minimum age requirement. 

Once registered, the user would be able to access his/her dashboard which would contain separate tabs like 'Application History', 'Edit', 'Download', 'Register for Marriage/Divorce', 'Verify' etc. 

The 'Register for Marriage/Divorce' tab would take the user to a form for either marriage or divorce. This would be a one-time option but can be saved and edited. 

Upon filling up the form with the required details, the user would pay a prescribed fee via any of the available mediums and they would receive a return text on their phone confirming the receipt of the payment. 

The user would then be notified on the portal of an approximate waiting period for obtaining the certified e-Nikahnama on the 'Download' tab. 

Similarly, one can register for divorce, send notices and obtain the digital certificate in the same process. Each e-Nikahnama/Divorce Certificate shall consist of a unique registration number and QR code along with the details of the marriage/divorce.

If after obtaining the e-Nikahnama the user wants to correct it, they must pay a prescribed fee to amend it and download a new e-Nikahnama after a waiting period. Divorce Certificates, on the other hand, cannot be amended.

This portal would also contain a cloud-stored online database consisting of information related to marriages and divorces registered under this portal and divided area-wise. 

This will be on the homepage and no registration is required to access it. In order to verify registration, one has to simply write the unique registration number mentioned in the e-Nikahnama, the name of the bride and groom.  

If the marriage or divorce was registered via this portal, the Nikahnama/Divorce Certificate would appear on the screen. All other marriages/divorces existing before the portal shall be valid but the government shall encourage e-registration and gradually make it mandatory for citizens.

An e-registration system for marriage and divorce can not only contribute to the Civil Registration and Vital Statistics System (CRVS) of the country but also benefit the citizens in many ways. 

Data is recorded safely 

Since all the data are recorded on paper and kept in registers, diaries and notebooks, these can be easily damaged over time due to humidity. Moreover, Registers or 'Balam' books can sometimes be lost due to relocation, or even stolen.

A fully cloud-stored database will amend this flaw. 

Easy access to information

At present, the concerned Nikah Registrar hands over a receipt to the bride or groom's family for collecting the Nikahnama at a later date. 

The receipt contains important details such as volume number, page number, serial number and the year of the marriage which has to be presented before the concerned Nikah Registrar for the person to take out the relevant Balam book.

This receipt becomes the only proof of the marriage until the Nikahnama is obtained.

By making everything digital, citizens would no longer have to keep any receipts whatsoever or travel far to visit the Nikah Registrar just to obtain a copy of their Nikahnama in exchange for unnecessary hefty fees. 

An authentic, centrally stored database

The Nikahnama is not a forge-proof document since it is all handwritten, stamped, sealed and signed by hand. We all know how a stamp can be copied multiple times while signatures can be duplicated. 

The writing format of the Nikahnama that is in use at the moment can be downloaded online, printed, stamped and signed to look exactly how a genuine one would look like. 

At present, there is no way a Nikahnama can be authenticated apart from physically visiting a Kazi office and manually going through the entries of the marriage of that particular year recorded in their register. Not to mention the unnecessary fees that are associated with the so-called service.

A central database would not only provide remote accessibility and authentication but help stop misuse of the document. The e-Nikahnama/Divorce Certificate having a unique registration ID number and QR Code would allow anyone to verify the authenticity of the document.

Corruption among Kazis can be reduced

There is a prescribed fee for the registration of all marriages and divorces – calculated as per the dower amount and a fixed divorce fee is paid to the government. 

However, some Nikah Registrars charge parties extra at the time of the marriage in the name of office charges, commission fees, assistant fees and 'Hadiya' (Arabic term for a gift) which sums up to a few extra thousand takas. 

Moreover, when the client arrives at the Kazi office to collect their Nikahnama, Nikah Registrars offer them lucrative 'packages' which consist of one certified copy of the Nikahnama in Bangla, one in English, one Marriage Certificate in English all of which will be notarised and stamped, available only if you pay them the 'package fee'.

However, no such provision or requirement of documents other than the Nikahnama (whatever language it is recorded in) is mentioned in the law. 

Speaking to one Nikah Registrar, under the guise of a client, I was told that his package will cost Tk4,500 after which the Kazi went on emphasising why I need the documents more than anything else. 

An e-registration system would greatly reduce this practice and prescribed fees can be paid directly to the government treasury through available Mobile Financial Systems.

Corrections can be done on the Nikahnama

While making corrections over a handwritten document, can diminish its acceptability. Thus, corrections done digitally and getting a new copy altogether can be a total game-changer. 

On many occasions, incorrect information is recorded on the register. Since it is handwritten on the register and signed by the parties, it cannot be easily edited when a mistake comes to the fore. Therefore, having the process online would allow them to apply for correction and obtain an amended copy of their Nikahnama whenever they require.

The abovementioned points are a few of the many benefits of an online marriage and divorce registration system. 

The government's a2i project has been working relentlessly in creating an ecosystem for e-governance over the years and this can and should be one of their upcoming projects. 

The significance of an online marriage and divorce registration system and database is unparallel especially when we have already embarked on the journey towards a 'Smart Bangladesh'. 

Barrister Aiman R Khan is an Associate Advocate at Rahman Law Associates & Company

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.