AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR

PRADESH

FAMILY LAW

PROJECT TOPIC: INTER FAITH MARRIAGE AND ITS RECENT

DEELOPMENTS IN INDIA

SUBMITTED TO: MRS ARCHANA AGGARWAL

SUBMITTED BY: ANIRUDH ALEX VICTOR

A032170122097

LL. B(HONS)

Section B

SEM 1

2022-2025
 INTER FAITH MARRIAGE AND ITS RECENT DEELOPMENTS
IN INDIA

ABSTRACT:

Inter-faith relationships are as yet seen as a taboo as per the mindset that prevails even in post-
Independent India which enjoys a status of a developing nation in terms of economy but is
underdeveloped in terms of creating laws regarding inter-faith marriage due to the constant and
illogical yet forceful intervention intervened by the present RSS lead BJP government which is
completely has a fascist ideology and has made several contentions to the apex court by co
incidentally support the majority lead religion and is suppressing the "Fundamental Rights", of
minorities especially Muslims and Christians The caste system framework has tormented the
perplexing Indian culture and works exceptionally horribly.

The caste system is a prevailing thought of being innately prevalent and "pure", in comparison to
other people. Consequently, the act of marriage inside the station guarantees the hierarchy is kept
up with and in the event of its infringement, violence is committed against the Dalit or local area
having a place of purported 'lower caste'

Dr. Ambedkar said that inter- faith marriage was "the genuine solution for breaking the caste
system" and a "fusion of blood" would create the essence of kith and kin. The sacredness of the
Shastras should be weakened on which position was established and not periodically achieved.

Another issue is that the current enemy of transformation regulations centres more around the denial
of change to accomplish religious freedom, Nonetheless, the wide language utilized by the
restrictive regulation may be utilized by authorities to persecute and oppress minorities. Besides
these regulations might represent a danger to the common texture of India and the global impression
of our general public's inherent inclusive and intrinsic value and the overall set of laws.
KEYWORDS:

Inter- faith marriage, special marriage act 1954, Need for Anti conversion laws, discrimination
towards minorities, divorce, consent.

RESEARCH METHODOLOGY:

This paper is descriptive in nature and contains both subjective as well as quantitative information.
Aside from secondary sources, for example, articles, papers, and websites are utilized for this
research.

INTRODUCTION:

It is often said and its well known that India is a SOVEREIGN, SOCIALIST, DEMOCRATIC
REPUBLIC1 which believes in EQUALITY2 and follows the ideology that it will treat all the
citizens equally without any discrimination and furthermore also guarantees LIBERTY of thought,
belief, expression, faith, and worship which every citizen has a right to enjoy.

Although Judiciary is a separate pillar of our constitution and should have zero interference from
the ruling party formed government but sadly that is not the case and nevertheless, yet the
government plays a grievous and dominating role in deciding the judgements and law of India,
during the Congress lead government the Special marriage act was passed by the assent of President
in 1954, Furthermore as per the Special Marriage Act, 1954 there are marriage laws of various
religions for the people in which the two parties in marriage having a similar faith e.g., for Hindu
woman and man there is Hindu Marriage Act and for Mohammedan marriage there is
Mohammedan Law; such parties to the marriage might look for their marriage with be solemnized
under the arrangements of their very own regulation or on the other hand on the off chance that they
1
https://www.constitutionofindia.net/constitution_of_india/preamble
2
https://www.constitutionofindia.net/constitution_of_india/preamble
so want they might wed under the arrangements of the special marriage act Consequently there is no
bar for individuals belonging to the same religion to marry as per the provisions of this act and not
according to their very own regulation or law.

To my surprise, the Supreme court has passed several judgements in past such as Shafin Jahan vs.
Asokan K.M. and Ors3 The right to sexual orientation was useless without the option to pick an
accomplice. The perceptions were attracted from the march 2018 judgment that is the Hadiya case,
which held that impacting an adult's decision of choosing a partner would be an infringement of the
fundamental right to privacy.

It was additionally held that Section 377 remained in congruity with Articles 21 (right to life), 19
(right to freedom), and 14 (right to equity) of the Constitution.

WHAT IS THE REQUIREMENT FOR AGAINST TRANSFORMATION

REGULATIONS?

1) No Right to Proselytize:

The Constitution gives on every individual the principal right to affirm, practice, and
engender his religion. The singular right to opportunity of still, small voice and religion can't
be reached out to interpret an aggregate right to convert. For the right to strict opportunity
has a place similarly with the individual changing over and the singular looking to be
changed over.

2) Fake Relationships

In the new past, a few occurrences have come to the notification by which individuals wed
people of different religions by one or the other deception or disguise of their own religion
and in the wake of getting hitched the power such other individual to change over
completely to their own religion.

3
https://www.drishtiias.com/daily-updates/daily-news-analysis/choosing-a-partner-is-a-persons-fundamental-right-sc
 3) SC Perceptions:

Sc likewise took legal notification of such cases. As indicated by the court, such episodes
not just encroach on the opportunity of religion of the people so changed over yet
additionally militate against the common interest of our public.

VIEWS OF HINDU AND MUSLIM LAWS ON INTER- FAITH MARRIAGE:

1) Changing religion influences inheritance freedom

There is a severe rule in Hindu regulation that an individual who switches from Hinduism
over completely to another religion acquire nothing from their Hindu relations. Because of
the transformation, his/her entitlement to acquire is diminished. Muslims, as well, are denied
from acquiring property if they convert from Islam to another religion. It is critical to take
note of that the predetermined rule was revoked in 1850 by the Caste Disabilities Removal
Act. This arrangement was otherwise called the Freedom of Religion Act.

As per the above rule, every one of the disabilities that related to the transformation of
religion have been eliminated, in any case, the law is dependent upon different regulations
that have been made by the authority questioned.

2) Change impact on Support Privileges:

Under Section 24 of the Hindu Adoptions and Maintenance Act, 1956, a proselyte can't
guarantee upkeep except if he converts to another religion. Alternately, Hindu spouses who
disavow Hinduism reserve the option to isolate living and upkeep if their husbands repudiate
Hinduism under Section 18(2) (f) of the Hindu Adoption and Maintenance Act, 1956.

The conversion of spouse to another religion is an infringement of Muslim regulation and

results in the relinquishment of prior pre-existing maintenance rights. During the time of
iddat, the wife can guarantee support from her husband when her husband renounces Islam.
 3) Impacts of transformation on the Guardianship privileges of the ward

It is the obligation of the guardianship court to care for the government assistance of the kid
in any guardianship case. As per Section 13 of the Hindu Minority and Guardianship Act,
1956, the government assistance of a child is of most extreme significance. In this way, at
whatever point a parent converts to another religion, it is thought about while naming a
gatekeeper for them. However as long her conversion doesn't slow down the youngster's
government assistance, a mother's right to guardianship doesn't experience the ill effects of
her conversion.

JUDICIARY ON INTER- FAITH RELATIONSHIPS:

In 2018, the High Court maintained that marriage between consenting grown-ups will be lawful,
despite their position.

In 2021, while hearing an instance of a between inter- faith marriage where the couple was looking
for protection from a lawbreaker case documented by the father of the women, the High Court
underlined the right of grown-ups to pick their soul mate and the requirement for society to figure
out how to acknowledge between standing and between confidence relationships.

The adjudicators likewise focused on the "need for explicit rules and a preparation module for
police officers to think about such "socially delicate cases".

In February 2018, the High Court expressed against obstruction by khap panchayats in inter- faith
marriages and encouraged them to quit acting like soul managers of society. "Assuming individuals
choose to wed, they are grown-ups, and you are no one to meddle," then, at that point, Chief
Justice Dipak Misra said. The court was hearing a request trying to boycott khap panchayats for
honor killing for the sake of standing and religion.
In August 2022, the Delhi High Court focused on bringing issues to light among individuals about
the presence of unique cells in each locality to receive complaints connected with badgering of inter
inter- faith couples. The cells were made on the request for the High court. Justice Jasmeet Singh
said, "It's a respectable goal. In any case, it ought not be a vacant convention or paperwork out.
Kindly raise self-awareness in individuals. It's the need of great importance. Assuming it is a
between rank marriage, that should be secured."

Eminently, the option to wed an individual of (one's) own decision is a fundamental right under
Article 21 for example right to life and freedom. The state is obliged to uphold such a right.

SPECIAL MARRIAGE ACT, 1954 ON IRRETRIEVABLE BREAKDOWN OF

MARRIAGE:

Section 27(2) of the Demonstration which contains the provision runs:

Dependent upon the arrangements of this Demonstration and to the principles made thereunder,
either party to a marriage, whether solemnized previously or after the initiation of the Special
Marriage (Amendment) Act, 1970, may introduce a request for separation to the locale court on the
ground-

1) that there has been no resumption of living together between the gatherings to the marriage
for a time of one year or upwards passing of a decree for judicial separation for legal
detachment in procedures to which they were parties; or

2) That there has been no compensation of conjugal rights between the parties to the marriage
for a time of one year or upwards after the death of a decree for restitution of conjugal rights
in proceedings to which they were parties.
CONCLUSION:

"Caste endogamy it seems is considerably more pervasive than anticipated even with the financial
turn of events and the development of market influences," the study said. However, the
acknowledged conviction is that organized relationships decline and out-relationships increment
because of social changes upheld by industrialization, education, and urbanization known as the
modernization hypothesis the low pace of between-position relationships in India discredits this
pattern.

There has been no expansion in the pace of inter- faith marriage for a long time, and during a period
when urbanization expanded in India, staying at generally 5% between 1970-2012. The normal for
2000-2012 is barely higher than 1971-80 and 1981-90 yet not genuinely unique in relation to the
earlier ten years, 1990-2000, the review said.

Something like 11% of Indians lived in metropolitan regions in 1901, contrasted with 34% (460
million) in 2018- - a figure which is anticipated to ascend to 600 million by 2030, as per this 2018
United Nations report.

The near monetary status of the two families at the hour of marriage likewise affected the pace of
between-rank relationships, with the rate really going down as family resources and pay levels
expanded.

Whether the spouse's family had something very similar, better, or more awful status than the wife's
family at the hour of marriage made little difference to the between position marriage rates.

A long way from being love relationships, between the inter- faith relationship that are probably
going to be ideal and family-endorsed matches that act as a type of status exchange in the
established marriage market. Segregation exists, nonetheless, and there can be a premium joined to
pay and class.
Interest in inter- faith-marriage was found to increment with pay among planned positions (low-
station gatherings) however decline with pay among high-standing gatherings, as per this 2016
study of 1,070 upper-position females from Uttar Pradesh, Maharashtra, and Tamil Nadu.