Interfaith marriages in India: Legal Challenges and Solutions

January 4, 2024

Interfaith marriages in India: Legal Challenges and Solutions

This article has been written by Ms. Sonali Das, a 3rd -year student of Army Institute of Law, Mohali.

Abstract

Marriage is an important part of Indian culture since it is intimately linked to religion and beliefs. Similarly, the notion of family is strongly embedded in religious beliefs, forming an unbreakable tie between the three institutions of family, marriage, and religion. As a result, planned weddings have long been regarded as socially acceptable and usual in our society. Nonetheless, urbanization and other circumstances have cleared the road for inter-religious weddings, frequently in the form of love marriages. The Special Marriage Act of 1954 is the most important of the legislation that allows inter-religious weddings in India. Individuals have the right under the constitution to pick their partner regardless of religious beliefs. However, such marriages confront various difficulties. In the aforementioned study, we will look at the topic of inter-faith marriage and how different religions regard it. Furthermore, we will discuss the shortcomings of the Special Marriage Act as well as the Legal challenges that prevent people from getting into inter-faith marriages. In addition, we will make reform and modification proposals to improve this procedure.

Introduction

Meaning of Interfaith Marriage

Interfaith marriage is the uniting of a couple from diverse religious origins, sometimes known as “mixed marriage.” As an example, suppose one spouse is Hindu and the other is Christian. The “special marriage act, of 1954” oversees interfaith weddings in India, enabling people to marry regardless of caste or religion without having to convert. It is crucial to remember that love knows no bounds, and there is a rising appreciation of the variety and varied societal standards and behaviors in modern India.

Exploring Interfaith Marriages in India: A Closer Look at Multicultural Unions

India has maintained a rigid social hierarchy throughout its history, both within and across religious groups. Unfortunately, religious divisions have spurred antagonism on several occasions in a society that prides itself on its secular orientation. Even in today’s society, inter-caste weddings are frowned upon, and marrying outside of one’s faith causes additional difficulties for the pair. According to the findings of research on interfaith and inter-caste weddings published in Dynamics, just 2.1% of all marriages in India are between persons of different religions. This sobering number underscores the deeply embedded cultural conventions and biases that surround interfaith marriages in India. Those who break these tight norms and marry outside of their religion frequently encounter harsh opposition from their families and communities. In India, there have been countless occasions when families who are adamantly opposed to interfaith weddings have resorted to violence. Inter-religious and inter-caste weddings in India have been hampered by violence, community boycotts, and even so-called “Honour Killings” committed by both groups and private people. Regardless, there is an alarming paucity of statistics and government studies on the occurrence and consequences of interfaith marriages.

According to a recent survey, 2.21% of women aged 15 to 49 who participated in the study were in interfaith marriages. Surprisingly, 3.5% of these women were Christians, giving them the greatest rate of interfaith marriages. Sikhs come in second with 3.2% of mixed marriages, followed by Hindus at 1.5% and Muslims at 0.6%. The study, however, does not disclose which faith the women are marrying into, which limits our comprehension of these data. According to the report, the northeast states of Arunachal (9.2%) and Sikkim (8.1%) have the highest rate of inter-faith marriages in the country, while West Bengal (0.3%) and Jammu & Kashmir (0.7%) have the lowest.

Various belief systems and their perspectives on marriages between people of different faiths

Interreligious marriage was forbidden in ancient Hinduism. However, owing to the contemporary period, the Hindu Marriage Act, which governs Hindu weddings, allows for marriages between people of various castes and even religions. Of course, they must still comply with the Act’s Section 5 obligations. Unlike Hinduism, Islam forbids inter-religious marriage. In particular, a Muslim male may marry a non-Muslim lady only if she follows the monotheistic faiths of Judaism and Christianity. This marriage, however, would be regarded as irregular and not invalid. If the non-Muslim spouse converts to Islam, the irregularity will be corrected. Inter-religious marriage is viewed as non-sacramental and so not sanctioned by Christianity and Islam.

The Special Marriage Act, 1954

India has a unique law known as The Special Marriage Act of 1954, which was created expressly for people of various religions who live in the nation. Even though India has various laws controlling personal concerns based on different religions, this Act came into being. Its goal is to allow inter-religious marriages between Indian nationals both within and outside of India. The previous Law Minister lauded the bill’s approval as a historic step forward in social law and an important step toward realizing the aim of a unified civil code, as stated in Article 44 of the Constitution. For ceremonies performed under it, this statute incorporates all features and is generally referred to as judicial marriage. When a person lawfully marries under this Act, they are regulated only by this legislation, not by any personal laws. In the case of succession, the Indian Succession Act of 1925 shall apply.

A couple must meet certain conditions before they may formally marry, according to the Special Marriage Act of 1954. Section 4 of the Act provides the rules for performing a unique marriage ceremony, which includes these provisions. Under this Act, any two persons have the legal right to marry as long as all of the relevant prerequisites are satisfied.

To begin, both people entering into marriage must be monogamous, which means they must not have a live spouse at the time of the marriage.
Furthermore, both partners must be mentally sound and capable of making their judgments.
This implies that neither party should suffer from a mental condition or have a history of lunacy.
At the time of marriage, the guy must be at least twenty-one years old and the lady must be at least eighteen years old.
Finally, the pair must be unrelated by blood and hence not within the forbidden degrees of kinship.

Legal Challenges that Affect Interfaith Marriages

The Special Marriage Act, 1954 – It is a major impediment to inter-religious marriage. This regulation is critical in allowing people of different religions to marry without feeling obligated to convert to their partner’s religion.

According to Section 5 of the Act, for notice to be provided to the district’s Marriage Office, at least one of the parties must have resided in the district for a continuous period of 30 days before the notification date.
Section 6 states that if one of the parties does not permanently dwell in the present area, the Marriage Officer must transfer the notice to the Marriage Officer of the district where they do reside to adequately promote it.
Section 7 permits anybody to object to the marriage before 30 days have gone since the notification was published. This allows people to express their issues in a timely way.
Section 8 of the Act requires the Marriage Officer to properly consider any objections expressed and ensure that they do not impede the marriage.
Section 19 also has punitive consequences, saying that any marriage performed under this Act by a member of a Hindu, Buddhist, Sikh, or Jain family shall result in their removal from that family.

Honour Killing

When people choose to marry outside of their faith or caste, they are frequently condemned to a heinous crime known as honor killing. These heinous crimes, often known as honor crimes, include the use of violence and intimidation against couples who have married or plan to marry against the preferences of their community or family.

Unawareness

One important impediment to the predominance of inter-religious marriage is a lack of knowledge about the subject. Despite the presence of the Special Marriage Act, which allows persons of various religions to marry without having to convert, many people are misinformed and misled.

Solutions

The Special Marriage Act, which oversees inter-religious weddings, has to be updated. Many of its components are more of a hindrance than a help to couples seeking an inter-religious marriage.
Section 5, which requires a 30-day notice period for prospective weddings, is particularly troubling. This prolonged time allows objectors to search down and harass the couple, thereby defeating the Act’s objective. As a result, this clause must be repealed to protect the couple’s rights.
Section 7 of the Act, which addresses objections to marriage, must be repealed. The existing procedure for challenging such objections is unnecessarily cumbersome and should be streamlined for couples who want to marry. Instead of being confined to a single court in their area, spouses should be able to appeal to any court in the country.
A member of an undivided Hindu family is regarded to have broken relations with their family following marriage, according to Section 19 of the SMA Act. This law frequently results in the loss of inheritance for persons who marry outside of their religion. As a result, repealing this clause is critical, as marriage should not preclude someone from their proper share within their own family.

Case Laws

In a case brief titled Mansi Kumari and Another v. State of Haryana and Others, the petitioners, who recently married against the wishes of the private respondents, have asked for their lives and liberty to be protected. Despite being adults who had lawfully married, the petitioners have received threats and faced hazardous repercussions from the private respondents. The petitioners sought assistance from the Superintendent of Police in Faridabad at first, but no action was taken. As a result, they have gone to the court for help in this case. The court ended the case by ordering the Superintendent of Police in Faridabad to take all necessary precautions to protect the petitioners, who had been accused because of their interfaith marriage.

In the matter of Gurwinder Kaur and Others vs. the State of Punjab and Others, the petitioners valiantly faced the private respondents’ resistance and engaged in an interfaith marriage. However, they were quickly confronted with threats and danger from private responders. After careful review, the court dismissed the plea and asked the Superintendent of Police, Gurdaspur, to take all necessary steps to secure the petitioners’ safety and freedom while also adhering to the law. Despite this, the court did not formally recognize both parties’ marriage.

Conclusion

Interfaith marriage is a sensitive subject since it is so strongly entwined with religious beliefs. Despite our efforts to adopt modern principles, there is still an urgent need for a mentality shift. Love knows no limits and should not be restricted by caste, creed, color, or religion. While legal safeguards are in place, they can only give so much certainty. The issue of societal acceptability persists. Unfortunately, there have been several situations where couples of all religions have met with disaster at the hands of their own families in an attempt to protect their image. The rate of change remains modest as we gradually shift toward a more inclusive worldview.

Reference

Articles/Blogs

Shaikh, explained: What a study in 2013 revealed about interfaith marriages in India., The Indian Express,https://indianexpress.com/article/explained/explained-what-a-2013-study-revealed-about-interfaithmarriages-6742991/.(last accessed on 25th Dec 2023)
The True Picture, Why India Needs an Anti-Conversion Law, https://www.thetruepicture.org/india-needs-anti-conversion-law/./.(last accessed on 25th Dec 2023)
Laura Dudley Jenkins, LEGAL LIMITS ON RELIGIOUS CONVERSION IN INDIA, (2008), available at http://www.law.duke.edu/journals/lcp/.(last accessed on 25th Dec 2023)
Burning Issue] Inter-faith Marriages and Related Issues, available at: https://www.civilsdaily.com/burning-issue-inter-faith-marriages-and-related-issues/ (last accessed on 25th Dec 2023).

Case Laws

- Gurwinder Kaur And Another vs State of Punjab and Others on 4 March 2021, available at:https://indiankanoon.org/doc/195127684/ (last accessed on 25th Dec 2023)