Interfaith Marriages in India: Legal Challenges and Solutions

Interfaith marriage is marriage between two persons from different religions. Such marriages are also known as “mixed marriage”. Marriages solemnized between interfaith couples can be registered under the Special Marriage Act. The Act provides for solemnization of marriage between people from different religious backgrounds and castes. The Act, however, also provides for registration of marriage between two people from the same caste, religion if they do not wish to solemnize their marriage as per the norms of personal laws.

Personal Laws Governing Marriages in India

• Hindu Marriage Act, 1955: The provisions of the said Act are applicable to Hindus, Buddhists, Jains, and Sikhs. The said Act does not explicitly cover interfaith marriages, however, if one party converts to Hinduism, the marriage can be solemnized under this Act.

• Muslim Personal Law (Shariat) Application Act, 1937: Muslim personal law permits Muslim men to marry non-Muslim women being Christians and Jews. However, Muslim women are generally expected to marry within the faith and deviation, if any requires conversion.

• Christian Marriage Act, 1872: The said Act governs marriages wherein at least one person is a Christian. The Act further provides for interfaith marriages however the non-Christian party is required to convert to Christianity for the marriage to be solemnized in the church.

• Parsi Marriage and Divorce Act, 1936: Interfaith marriages wherein Parsis are involved are less common and often fall outside the purview of this Act unless the non-Parsi party converts.

Legal Challenges faced by Individuals during Interfaith Marriages

Lengthy procedures laid under the Special Marriage Act such as the 30 days’ notice period under the Act. The extended period of notice may expose couples to societal scrutiny and harassment, often discouraging the couples from pursuing the said route provided under the Special Marriage Act.

Display of marriage notices in public may invite objections which may lead to unwarranted interference by Community members, Authorities and those who are against interfaith marriages. Couples residing in different cities may face jurisdictional issues thereby complicating the registration process. The local Authorities may be unsupportive, reflecting societal biases against interfaith marriages which may delay the process for getting the marriage registered.

Apart from the procedural difficulties as stated above, interfaith marriages in India face significant social and family obstacles which can largely affect couples. Families often oppose such marriages which can be vocal disapproval or active attempts to obstruct or stop such union. Interfaith couples often also encounter backlash from communities, including exclusion, social ostracism, and occasional threats more particularly in conservative or tightly knit societies.

In interfaith marriages one of the individuals to such marriage often converts the religion of their spouse to gain acceptance in the family as well as the society. In such marriages several legal and practical challenges being disputes over inheritance rights, etc. frequently occurs. Individual rights which are confirmed by societal norms, diverse cultural and religious landscape and legal frameworks need to be framed to include the rights of individuals under such marriages.

In India, the acceptance and challenges of interfaith marriages are shaped according to the division between urban and rural areas. Interfaith marriages tend to be easily acceptable in metropolitan cities in comparison to rural areas owing to liberal and progressive mindset due to high rate of literacy, economic independence and exposure to diverse cultures. People in metropolitan cities often embrace broader mind that values personal choice and individual rights, mitigating some of the societal pressures against interfaith unions.

Religious Perspectives towards Interfaith Marriages

• Hinduism: Hinduism is inherently multicultural, interfaith marriages can still be challenging particularly among orthodox families. Interfaith marriages are often opposed for preserving religious and cultural heritage thereby leading to resistance.

• Sikhism, Jainism, and Buddhism: These religions, like Hinduism, exhibit varying degrees of acceptance, with urban and educated individuals generally being more open to interfaith unions.

• Islam: Islamic law permits interfaith marriages under specific conditions, but acceptance by the society may vary. Conservative views may lead to opposition, particularly regarding marriages involving Muslim women and non-Muslim men.

• Christianity: Interfaith marriages are generally accepted within the Christian community, especially if the non-Christian partner converts.

Despite the legal challenges faced by interfaith couple, Indian judiciary has played a crucial role in addressing societal biases and confirming the rights of interfaith couples. Interfaith marriages in India are evidence to the diversity of our country and individuals right to select their partner. The judiciary has consistently approved the rights of interfaith couples. They insist on personal liberty and constitutional protections. Apart from the support of Indian judiciary, interfaith marriages will not get complete acceptance until there are continuous efforts for addressing societal obstacles, increasing legal support, and promoting awareness about individual rights.

Conclusion

In view of the above, various personal laws do allow interfaith marriages subject to conditions laid down in each of them which mainly involves conversion by one of the parties to the marriage. The Special Marriage Act provides for the procedure for registration of interfaith marriages to gain legal recognition. However, despite being legally registered acceptance of such marriages are subjective depending on the society wherein such couple is getting married.

The acceptance of such marriages varies in urban and rural areas. In India such marriages are subjected to resistance to conserve the traditions of a particular religion and fearing isolation by the society. The Indian judiciary is however supporting interfaith marriages and are setting precedents by passing orders in favour of interfaith couples.