IMPLICATIONS OF THE NEW PERSONAL LAW AMENDMENT ACT ON THE INTERFAITH OF MARRIAGES IN INDIA

This article is written by Saloni, of 7^th Semester of BBALL.B. of Department of Law, Bhagat Phool Singh Mahila Vishwavidyalaya, Khanpur Kalan, an intern under Legal Vidhiya

Abstract

India, as we all know, is a secular nation. There’s no doubt in our minds that India is a country of secularity with different faiths, and we respect the freedom of thinking, belief, religion & worship of its citizens. Some individuals, however, do not appreciate or accept the beliefs of others. This is why the word “Secular” was added to the preamble of The Constitution Act, 1976, in the 42nd amendment, which gives secular status to India. This means that people of different religions and faiths have the freedom to practice and follow their religion without fear of any discrimination. This article is about the implications of Personal Law Amendment Act on the interfaith marriages. [1]In S.R. Bommai V/S UOI, it was held by the supreme court of India that ‘SECULARISM’ is the basic feature of the Indian constitution. According to Article 25 of the Constitution, which states that one may exercise any religion he or she wishes so as to allow for a marriage between two persons from different faiths through judicial procedure. The Special Marriages Act, 1954, is the law that governs interfaith marriages in India. Most of the marriages in India are still arranged by the families only. [2]Lata Singh v. State of Uttar Pradesh in this case The court ruled that a person’s freedom to marry the person of their choice is entirely personal and that parents cannot prevent them from getting married. Marriages between people of different castes and religions are looked down upon and stigmatized in many cultures. The special marriage legislation of India permits two adults to enter into a civil contract marriage in order to legalize and record interfaith and intercaste unions.

Keywords: interfaith marriages, special marriage act 1954, secular state, personal law amendments, UCC, intercaste unions.

INTRODUCTION:

In view of religion, belief and culture, personal law shall be defined as the legislation which applies to a particular population or group of individuals. There are many castes and religions in India. In 1950, Hindu law was enacted by the Parliament of India with a view to eradicating certain practices; while male and female gender imbalances persist in Indian law, Muslim laws do not yet have such legislation. It’s a civil alternative to personal law, the special marriage act. Contemporary arranged marriage system takes different forms and varies extensively by region, but religion is still the main criterion while selecting one’s marital partner. Intra-faith marriages are generally solemnized in respective religious personal laws following its religious rites and rituals. However, there remains a large number of interfaith marriages in this area of religion pluralism that raise questions as to the applicability and significance of Religious Personal Law for Interfaith Marriages. India’s Special Marriage Act 1954 is an optional secular law providing legal protection for persons of different religions in marriage, but it is not widely known and has a wide range of procedural restrictions. Perhaps the only religious-based law that expressly permits interfaith marriages without conversion and establishes a framework for marital validity is the Indian Christian Marriage Act (ICMA), 1872, which is specific to weddings between Christians and non-Christians. It is debatable whether individuals who seek to get married under other personal laws must go through a religious conversion process prior to the wedding or the registration of their union. Many Indian governments have established ‘freedom of religion’ statutes under the pretext of combating coercive religious conversion, effectively making interfaith unions illegal. Today, a controversial “anti-conversion law” that effectively criminalizes interfaith relationships and weddings is in force in many Indian states.

These days, news stories about forced religious conversions for mixed marriages are common. Additionally, many states are aiming to outlaw conversions for matrimonial purposes only. According to the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, for example, no person shall convert or attempt to convert, either directly or otherwise, any person from one religion to another…by marriage (s. 3 of the UP Ordinance, 2020)” or ” marriage done for the sole purpose of unlawful conversion or vice versa…shall be declared void.”

INTERFAITH MARRIAGES IN INDIA

Before going into the details of this article, here it is important to understand the meaning of the interfaith marriages. Interfaith marriage, sometimes called a “mixed marriage”, is marriage between spouses professing different religions.

Love is their only motivation, and relationships are usually regarded as being compatible with each other by individuals who decide to have an interfaith marriage. [3]Shakti Vahini vs. union of India (2018) In this case the Supreme Court, “When two adults consensually choose each other as life partners, it is a manifestation of their choice, which is recognized under Articles 19 and 21 of the Constitution.”      According to Article 21 of the Indian Constitution, the right to marriage is a component of the right to life. It is a fundamental right that every person has access to, regardless of gender. The freedom to marry is recognized by many religious laws, while forced marriages are prohibited by several personal marriage laws in India. The marriage relationship started between two people of diverse religious backgrounds. Although it is a question of choice for an adult, there are various problems with interfaith unions. One spouse (usually a woman) in interfaith marriages is thought to have undergone a forced conversion. If a Muslim wants to marry a non-Muslim, conversion to another religion is the sole option. There are no provisions outlining how the caste of children born from interfaith marriages will be determined.

PAST TRENDS RELATED TO INTERFAITH MARRIAGES

According to the most current statewide empirical study on interfaith weddings in India, 2.21 percent of women (aged 15 to 49) had wed outside their religion in 2005, according to data analysis from the Indian Human Development Survey (IHDS). Additionally, interfaith marriages are more common among younger women (2.8%) than among those over the age of 30 (1.9%).

In the same way, interfaith marriage is more common among metropolitan women (2.9%) than rural ones (1.8%). 2.1% of marriages were interfaith, according to a 2011 study conducted on a national level utilizing data from the National Family Health Survey, 2005-2006 (NFHS-3). A Pew study conducted from 17 November 2019 to 23 March 2020 found that two out of every three Indians oppose interfaith marriages (Pew Research Center, 2021).

INDIAN MARITAL LAWS

The institution of marriage is not governed by a single body of law in India.

The Hindu Marriage Act of 1955 governs a Hindu couple’s marriage. The Act deals with the registration of a man and woman’s marriage (after it has been solemnized) if they are Sikh, Hindu, Buddhist, or Jain.

Muslim Marriage Laws:

Muslim marriages in India are not covered by a written law. The primary distinction between Hindu and Islamic views on marriage is that the former sees it as a sacred institution, while the latter sees it as a legal agreement (nikahnama) between Muslim men and women.

Christian Marriage Laws:

The Indian Christian Marriage Act, 1872 governs the union of Christian couples. Christians are India’s second-largest religious minority community after Muslims. The Act specifies that a priest of the Church or minister must be present for the solemnization of the marriage as a basic requirement.

Parsi Marriage Laws:

Parsis are religiously distinct groups that adhere to Zoroastrian principles. The Parsi Marriage and Divorce Act of 1936 governs their unions.

SPECIAL MARRIAGE ACT 1954

A legal alternative for solemnizing marriages “between any two persons” is provided by the Special Marriage Act, 1954 of India (SMA; section 4)[4]

 In reality, this Act regulates interracial marriages in India, including those between different castes and religions. When an Indian marries a foreigner in India, the Special Marriage Act of 1954 also applies. Due to the fact that personal concerns like marriage, divorce, succession, adoption, and guardianship are generally governed by religious personal laws, the Act is a secular legal option (Law Commission of India, 2017). Religion of the persons wishing to enter into a marriage under the Act is, in theory, irrelevant to the SMA 1954. Regardless of any limitations imposed by their own personal laws, two people have the civil right to marry whoever they want. The Act is particularly important because, unlike personal laws, it allows people of different religious beliefs to get married legally without renunciating their own religion or converting to the partner’s.

Ten of the 28 states—Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha, Rajasthan, Uttar Pradesh, and Uttarakhand—have laws that prohibit religious conversion.  The states of Chhattisgarh, Madhya Pradesh, Uttarakhand, and Uttar Pradesh forbid conversion to another religion through “force,” “allurement,” or “fraudulent means,” including marriage “with the intention of conversion,” and they demand that district authorities be notified one month in advance of any intended conversions. 

• It is the legislation designed to formally recognize and record interfaith and intercaste unions in India.
• It permits two to get into a civil contract to formally declare their marriage. Under this Act, there are no religious procedures that must be followed.
• This law governs weddings in all religions, including those of Hindus, Muslims, Sikhs, Christians, Jains, and Buddhists.
• This Act covers both Indian citizens living abroad and those who are citizens of various castes and religions.

FURORE OVER INTERFAITH MARRIAGE

In a nation where live-in couples, interfaith couples, or couples of different castes cannot obtain social acceptance, religious conversion has arisen as the practical solution to cohabitation. In certain situations, girls claim that men enticed and honey-trapped them; these girls are now pleading for their assistance in escaping. Nowadays, interfaith weddings are thought to be a forced conversion of the female spouses. The pair must contend with society expectations that view their union as immoral, unholy, or motivated by lust. In response to such coalitions, Khap Panchayats may kill and excommunicate individuals who attempt to breach the limits of their community. Different religious organizations face a moral dilemma regarding interfaith unions.

JUSTIFICATIONS FOR INTERFAITH MARRIAGES

• Marriages between people of various faiths or beliefs have the ability to create a solid foundation for changes at the communal level toward greater empathy and acceptance.

• These unions demonstrate the “true extent of heterogeneity” within society, encourage pluralism, and lessen the “ideological monopoly” of various religions.

• A sole matter of individual rights

WAY FORWARD

In order to replace personal laws and provide a single common law that is applicable to persons of all faiths, the Uniform Civil Code (UCC) was created. If a UCC is put into effect, it will be able to reform the marriage age requirement, do away with bigamy, and address problems with interfaith unions. The primary goal of UCC is to simplify the existing laws governing marriage, divorce, adoption, inheritance, succession, and guardianship.

If a UCC were to be put into effect, it would be able to reform the marriage age requirement, do away with bigamy, and address concerns with interfaith unions. The state is required by Article 44 of the Indian Constitution to work toward establishing a uniform civil code for all of India’s inhabitants. Existing legislation like the Hindu Marriage Act (1955) and the Hindu Succession Act (1956) would need to be revised if the UCC were to be implemented. According to the Muslim Personal (Shariat) Application Act, 1937, marriage, divorce, and support shall all be governed by Shariat, or Islamic law. If the UCC is implemented, polygamy might be outlawed and the Shariat law’s minimum age for marriage would be modified. According to the Parsi Marriage and Divorce Act of 1936, any woman who marries a person of a different religion forfeits all rights to Parsi ceremonies and customs; however, if UCC is implemented, this clause will be removed. Christian personal law issues like inheritance, adoption, and succession will be impacted by UCC, but marriage and the Catholic Church’s rejection of divorce will require more thought.

CONCLUSION

The religious effect on the ostensibly secular Indian society is nevertheless very strong. Doctrinally conflicting multi religious communities are entitled to constitutional protection for their beliefs and personal laws in addition to coexisting, but not always harmoniously. However, aside from the ICMA 1872, no other religion personal law contains legal measures for solemnizing interfaith unions. People who want to marry someone who is not of their religion have suffered specific legal sanctions as a result of anti-conversion legislation, and the abuse of these laws is still a serious concern. Thus, the need for a legal alternative to interfaith marriage is essential. We believe that until unified marriage legislation for all religions is successfully accomplished, the chosen revisions and harmonization of a few provisions of the SMA 1954 address the issue and protect the rights of interfaith couples.

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[1] (S.R. Bommai vs Union Of India on 11 March, 1994, 1994) https://indiankanoon.org/doc/60799/

[2] ( Lata Singh v. State Of Uttar Pradesh, 2006)https://indiankanoon.org/doc/1364215/

[3] (Shakti Vahini vs Union Of India , 2018)https://indiankanoon.org/doc/92846055/

[4] (Pranav Kumar Mishra v. Govt. of NCT, delhi, , 2009)https://indiankanoon.org/doc/26886784/