The implications of the new Personal Laws (Amendment) Act, 2021 on interfaith marriages in India

The implications of the new Personal Laws (Amendment) Act, 2021 on interfaith marriages in India

Author :- Miss. Sneha Sonal Mahendra Dhatrak, First year Law Student, Government Law College, Mumbai

Nature of Interfaith / Mixed Marriage in India:

 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.

Interfaith marriages are when people from different religions choose to marry each other based on love. It's recognized as a fundamental right under Article 21 of the Indian Constitution. However, there can be challenges, like forced conversions and determining the caste of children.In the country like India,The institution of marriage is not governed by a single body of law. The Hindu Marriage Act of 1955 governs Hindu, Sikh, Buddhist, and Jain marriages, while Muslim marriages are not covered by a written law. Christian marriages are governed by the Indian Christian Marriage Act, 1872, and Parsi marriages are governed by the Parsi Marriage and Divorce Act of 1936. Each community has its own set of regulations. A legal alternative for solemnizing marriages “between any two persons” is provided by the Special Marriage Act, 1954 of India

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 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). 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. This law also applies to all religions and Indian citizens living abroad. 

 Some states in India have laws prohibiting religious conversions (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.) This law also applies to all religions and Indian citizens living abroad.

 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.”

New Personal Laws (Amendment) Act:

The Government has introduced a Bill namely 'the Prohibition of Child Marriage (Amendment) Bill, 2021 in the Parliament on 21/12/2021 for raising the age of marriage of women to 21 years to make it at par with the men.

In the early 20th century, the legal age of marriage in India was 15 for girls and 18 for boys. The Child Marriage Restraint Act was enacted in 1929, which later saw amendments in 1978 and 2006. The Prohibition of Child Marriage Act, enacted in 2006, aimed to eliminate child marriage in India. The Act made child marriages voidable, set the legal age for marriage at 18 for girls and 21 for boys, imposed penalties for promoting or participating in child marriages, and appointed officials to prevent such marriages. The Act applied to all Indian citizens regardless of religion and jurisdiction. A proposed amendment in 2021 raised the minimum age for female marriage to 21 and extended the timeframe for annulment.

 Impact of UCC on Child Marriage (Prohibition) Act :

The implementation of a UCC would mean that a uniform set of laws would apply to all citizens regardless of their religious affiliations.In the context of child marriage, the UCC could potentially have an impact. If a UCC is implemented and includes provisions explicitly prohibiting child marriage, it would reinforce the existing legal framework provided by this Act. In simple words, regardless of religious or cultural practices, UCC would uniformly prohibit child marriage for all citizens & would ensure greater consistency and clarity in addressing child marriage issues across different religious communities in India.  India is a secular nation that respects the freedom of religion and belief. The Supreme Court has recognized secularism as a fundamental feature of the Indian Constitution. Interfaith marriages are allowed under the Special Marriages Act, 1954, which provides a judicial procedure for couples from different faiths. It's important to promote acceptance and understanding of interfaith marriages to overcome societal stigmas.

Still we need to remember that the impact of the UCC on the Child Marriage (Prohibition) Act or any other specific law would depend on the content & scope of the UCC if and when it is enacted.