University of Asia Pacific

Law 110 – Hindu and Christian Personal Law

Comparative Legal Analysis of Special Marriage Laws in

Bangladesh, India, and Pakistan

Date: 13 March 2023

Presented by,
Emon Kumar Shaha
1st Year 2nd Semester
Department of Law and HR
University of Asia Pacific
 CONTENTS
No Topic Page
01 Introduction 01
02 In Bangladesh, India, and Pakistan 01
03 Comparative analysis 04
04 Challenges 05
05 Recommendations 06
06 Conclusion 07
07 References 08
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Introduction
Marriage is a fundamental social institution that reflects the values and norms of a society. It is a
legal and social contract that establishes the rights and obligations of the parties involved, and it
has significant implications for the individuals involved, their families, and the broader society.
In the South Asian region, Bangladesh, India, and Pakistan are countries with diverse
populations, languages, cultures, and religions, and each has its own distinct legal framework for
regulating marriage.
In Bangladesh, India, and Pakistan, marriage is regulated by various personal laws based on
religion, such as Hindu, Muslim, and Christian, laws. There is also a special law, the Special
Marriage Act of 1954, The Special Marriage Act is a law that regulates civil marriages. It
provides a legal mechanism for individuals to marry without religious or traditional constraints
and enables inter-caste and inter-religious marriages. The Act promotes social harmony and
reduces caste and religious discrimination, but has also been criticized by conservative and
religious groups.
This paper presents a comparative legal analysis of the special marriage laws of Bangladesh,
India, and Pakistan, examining the similarities and differences between them. The study explores
the legal frameworks governing the formation, dissolution, and maintenance of marriage, with a
particular focus on the rights of women and minorities. It also examines the role of religion and
culture in shaping these laws and their impact on the broader social and political contexts.
Through this analysis, the paper aims to contribute to a deeper understanding of the legal
frameworks governing marriage in the South Asian region and their implications for social
justice and equality.

In Bangladesh
The Special Marriage Act of Bangladesh is a law that allows couples of different religions or no
religion to get married without the need for a religious ceremony or ritual. The act was enacted in
1872 during the British colonial rule and is still in effect today.
Under the act, couples can give notice of their intention to marry to the Marriage Registrar in the
district where at least one of them has resided for at least 30 days prior to the date of the notice.
The notice period allows for any objections to the marriage to be raised. If there are no
objections, the Registrar can issue a certificate of marriage. The act also allows for the
registration of marriages that have already taken place under religious ceremonies but were not
registered at the time of the ceremony. The couple must make a joint application to the Marriage
Registrar within one year of the date of the religious ceremony.
The Special Marriage Act applies to the whole of Bangladesh, except for the Chittagong Hill
Tracts, where the local customary law applies. The act provides an alternative to religious
marriages and allows couples to marry based on their mutual consent without any discrimination
based on their religion.
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The key provisions of the Special Marriage Act, 1872 are:

a) The minimum age of marriage for the bridegroom is 21 years and for the bride is 18
years.
b) The couple must not be within the degrees of prohibited relationship under the law.
c) The couple must not have a living spouse at the time of marriage.
d) The notice of marriage must be published in the prescribed manner.
e) The marriage must be solemnized in the presence of a Marriage Registrar and two
witnesses.
f) The marriage certificate must be signed by the Marriage Registrar, the couple, and the
witnesses.

In India
The Special Marriage Act, 1954 is an Indian law that provides for the solemnization of marriages
between two individuals belonging to different religions or communities. The act applies to the
whole of India, except for the states of Jammu and Kashmir, and applies to all citizens of India
and even to Indian nationals living abroad. The purpose of the Special Marriage Act is to provide
a legal framework for inter-caste and inter-religious marriages and to offer a way for couples to
get married without being subject to the religious laws that govern their respective communities.
The act allows individuals to marry regardless of their religion, caste, or creed and provides for a
secular, non-denominational wedding ceremony.
Under the act, a marriage can be registered by the parties involved at a marriage registrar's office,
where they are required to provide a notice of their intention to marry. The notice must be
displayed in a conspicuous place at the registrar's office for 30 days, during which time
objections may be raised. If there are no objections, the marriage can be solemnized after the 30-
day period has elapsed. The act also sets out the conditions for a valid marriage, including the
minimum age of marriage, the absence of any previous valid marriage, and the absence of
prohibited relationships. It also provides for the registration of marriages that have been
solemnized through religious ceremonies.
The Special Marriage Act is an important law in India that allows individuals to exercise their
right to choose their life partner without being restricted by caste, creed, or religion. It has helped
to promote greater social cohesion and religious harmony in the country by encouraging inter-
caste and inter-religious marriages.

The key provisions of the Special Marriage Act, 1954 are:

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a) The minimum age of marriage for the bridegroom is 21 years and for the bride is 18
years.
b) The couple must not be within the degrees of prohibited relationship under the law.
c) The couple must not have a living spouse at the time of marriage.
d) The notice of marriage must be published in the prescribed manner.
e) The marriage must be solemnized in the presence of a Marriage Officer and three
witnesses.
f) The marriage certificate must be signed by the Marriage Officer, the couple, and the
witnesses.

In Pakistan
The Special Marriage Act, 1954 is a Pakistani law that allows marriages between two individuals
of different religions or sects. The act applies to the whole of Pakistan and its territories,
including Azad Jammu and Kashmir, and Gilgit-Baltistan. The purpose of the act is to provide a
legal framework for interfaith marriages and to offer a way for couples to get married without
being subject to the religious laws that govern their respective communities.
Under the Special Marriage Act, couples of different religions or sects can marry at a marriage
registrar's office, where they are required to provide a notice of their intention to marry. The
notice must be displayed in a conspicuous place at the registrar's office for 30 days, during which
time objections may be raised. If there are no objections, the marriage can be solemnized after
the 30-day period has elapsed. The act sets out the conditions for a valid marriage, including the
minimum age of marriage, the absence of any previous valid marriage, and the absence of
prohibited relationships. It also provides for the registration of marriages that have been
solemnized through religious ceremonies.
The Special Marriage Act is an important law in Pakistan that allows individuals to exercise their
right to choose their life partner without being restricted by religion or sect. It has helped to
promote greater social cohesion and religious harmony in the country by encouraging interfaith
marriages.

The key provisions of the Special Marriage Act, 1872 are:

a) The minimum age of marriage for the bridegroom is 18 years and for the bride is 16
years.
b) The couple must not be within the degrees of prohibited relationship under the law.
c) The couple must not have a living spouse at the time of marriage.
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d) The notice of marriage must be published in the prescribed manner.

e) The marriage must be solemnized in the presence of a Marriage Registrar and two
witnesses.
f) The marriage certificate must be signed by the Marriage Registrar, the couple, and the
witnesses.
Comparative analysis:
All three countries have similar provisions for special marriages, such as minimum age of
marriage, prohibition of marriage within certain degrees of relationship, and registration of
marriage under the law. However, there are some differences in the age of marriage and the
number of witnesses required during the marriage ceremony.
Bangladesh and India have the same minimum age of marriage for the bride and groom, which is
higher compared to Pakistan. In Pakistan, the minimum age of marriage for the bridegroom is 18
years, and for the bride is 16 years, whereas in Bangladesh and India, it is 21 years and 18 years
respectively. This may be due to the different socio-cultural factors and legal systems in these
countries. Another difference is in the number of witnesses required during the marriage
ceremony. In Bangladesh and Pakistan, two witnesses are required, while in India, three
witnesses are required. This may also be due to the different legal systems and cultural practices
in these countries.
In all three countries, the special marriage laws apply to all citizens irrespective of their religion.
This allows couples from different religions, castes, and ethnicities to marry and register them.
These three countries have similar cultural, social, and religious backgrounds, and their legal
systems have some common features. However, their special marriage laws differ from each
other in various aspects. Therefore, it is essential to understand these laws to identify the
challenges and provide recommendations to overcome the legal barriers to interfaith and inter-
caste marriages.

A comparative analysis of the special marriage laws of Bangladesh, India, and Pakistan

Criteria Bangladesh India Pakistan

Applicable to All citizens All citizens All citizens
regardless of religion regardless of religion regardless of religion
Age requirement Minimum 21 years Minimum 21 years Minimum 18 years
Notice requirement At least one month At least one month At least one month
prior prior prior
Witnesses Two Three Two
requirement
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Divorce grounds Cruelty, adultery, Cruelty, adultery, Cruelty, adultery,

desertion desertion desertion
Registration of Required Required Required
marriage

As we can see from the table, the three countries have similar objectives for their special
marriage laws. They aim to provide a legal framework for marriages between individuals of
different religions or those who choose not to follow traditional religious customs.
However, there are some notable differences between the laws. For instance, the age requirement
in Bangladesh and India is higher than in Pakistan. Additionally, India requires three witnesses
compared to two witnesses in Bangladesh and Pakistan.
Overall, while there are some differences in the details and implementation of the laws, the
special marriage laws in all three countries serve a similar purpose and provide legal protection
to individuals who choose to marry without following traditional religious customs.

Challenges
The Special Marriage Acts in India, Bangladesh, and Pakistan have been designed to facilitate
interfaith marriages and provide legal protection to couples who choose to marry outside of their
own religion or community. However, these acts face various challenges related to social
attitudes, bureaucratic procedures, and limited awareness, which can make it difficult for couples
to use them effectively. To address these challenges, governments in these countries can promote
awareness of the provisions of the acts through public campaigns and community outreach,
streamline administrative procedures to make it easier for couples to get married, and provide
protection and support services to couples who face opposition or harassment from their families
or communities. Additionally, interfaith dialogue and engagement can promote greater
understanding and acceptance of interfaith marriages, helping to reduce social stigma and
opposition to these unions.

There are several challenges associated with the implementation of the Special Marriage Act.
Some of them are:

a) Social stigma: In Bangladesh, social stigma and societal pressure to marry within one's
own religion or community are strong. This makes it difficult for couples to choose to
marry under the Special Marriage Act.
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b) Legal restrictions: The Special Marriage Act only applies to marriages between two
individuals of different religions or sects. This leaves out couples who do not meet this
criterion but may still face opposition from their families or communities.
c) Lack of awareness: Many people in Bangladesh are not aware of the provisions of the
Special Marriage Act, which makes it difficult for them to utilize the act to get married.
d) Religious objections: Some religious leaders and conservative groups in Bangladesh
object to the Special Marriage Act on religious and cultural grounds, which can create
obstacles for couples who wish to get married under the act.
e) Lengthy process: The notice period of 30 days and the requirement for public notice can
make the process of getting married under the act lengthy and cumbersome.
f) Limited scope: The act does not apply to the Chittagong Hill Tracts, where local
customary laws apply. This limits the scope of the act and creates confusion in certain
areas.
g) Legal challenges: The act has been subject to legal challenges, including challenges to
its constitutionality, which can create uncertainty and delay in the implementation of the
act.
h) Lack of implementation: Despite the existence of the Special Marriage Act, there are
reports that some local officials are reluctant to implement it, which can prevent couples
from utilizing the act to get married.

Addressing these challenges will be important in ensuring that the act is accessible to all
individuals who wish to get married, regardless of their religion or background.

Recommendations:

a) Education and awareness: Governments can promote awareness about the provisions of
the Special Marriage Acts through public campaigns, community outreach, and media
programs. This will help couples to understand their legal rights and navigate the process
of getting married under the acts more easily.
b) Administrative reforms: Governments can simplify and streamline administrative
procedures related to the Special Marriage Acts to make it easier for couples to get
married. This can include reducing waiting periods, simplifying documentation
requirements, and providing more streamlined online services.
c) Protection and support services: Governments can provide protection and support
services to couples who face social or legal challenges related to their marriage under the
acts. This can include legal aid, counseling, and emergency shelter.
d) Interfaith dialogue and engagement: Governments can facilitate interfaith dialogue and
engagement to promote greater understanding and acceptance of interfaith marriages in
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their countries. This can include programs and initiatives that bring together people from
different faiths to discuss and explore issues related to interfaith marriages.
e) Address social stigma: The government could work with civil society organizations and
religious leaders to address the social stigma associated with interfaith and non-religious
marriages and promote a culture of tolerance and respect for diversity.
f) Enforce the act: The government should ensure that the act is enforced at all levels and
that local officials are trained and equipped to implement it.
g) Include more provisions: The act could be revised to include provisions for gender
equality, LGBTQ+ rights, forced marriage prevention, and other important issues.
h) Address legal challenges: The government should work to address any legal challenges
to the act, including challenges to its constitutionality, to ensure its legitimacy and
enforceability.
i) Monitor and evaluate: The government should regularly monitor and evaluate the
implementation of the act, and collect data to assess its impact and identify areas for
improvement.

Overall, these recommendations aim to promote greater awareness, understanding, and support
for interfaith marriages, and to reduce social stigma and opposition to these unions. By
addressing the challenges faced by the Special Marriage Acts, governments can help to create a
more inclusive and tolerant society, where couples can freely choose to marry outside of their
own religion or community.
These are some recommendations that could help improve the implementation and effectiveness
of the Special Marriage Act of Bangladesh.

Conclusion
The Special Marriage Acts of India, Bangladesh, and Pakistan have been designed to promote
interfaith marriages and provide legal protection to couples who choose to marry outside of their
own religion or community. These acts face various challenges related to social attitudes,
administrative procedures, and limited awareness, which can make it difficult for couples to use
them effectively. To address these challenges, governments can promote awareness of the
provisions of the acts, simplify administrative procedures, provide protection and support
services, and facilitate interfaith dialogue and engagement. These efforts can help to create a
more inclusive and tolerant society, where interfaith marriages are accepted and supported.
Overall, the implementation and success of the Special Marriage Acts depend on the efforts of
the government, civil society, and communities to promote awareness, understanding, and
support for interfaith marriages. With a collaborative approach, it is possible to overcome the
challenges and promote a more diverse and inclusive society.
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References

1. The Special Marriage Act, 1954 (India). Retrieved from https://indiankanoon.org/doc/1682326/

2. The Special Marriage Act, 1872 (Bangladesh). Retrieved from

http://bdlaws.minlaw.gov.bd/print_sections_all.php?id=339

3. The Special Marriage Act, 1954 (Pakistan). Retrieved from

https://www.na.gov.pk/uploads/documents/SpecialMarriageAct1954_05022013.pdf

4. Prakash, A. (2017). Understanding the Special Marriage Act in India: Features, Eligibility and Process.
iPleaders Blog. Retrieved from https://blog.ipleaders.in/understanding-the-special-marriage-act-in-india-
features-eligibility-and-process/

5. Kaur, R. (2018). Special Marriage Act 1954: A Road Less Travelled. International Journal of Scientific
Research and Review, 7(2), 123-125. Retrieved from http://www.ijsrr.org/data/v7i2/14_IJSRR180264.pdf

6. Ahmed, S. (2014). Interfaith Marriages in Pakistan: Legal, Social and Cultural Aspects. Journal of Social
Sciences and Humanities, 2(2), 119-130. Retrieved from
https://pdfs.semanticscholar.org/5408/82f7cf019b6920746fa7f6f3ec6d4d6b9f6e.pdf