- Index
- Introduction: Marriage Laws
- Laws For Hindu Marriages
- Laws For Muslim Marriages
- Laws For Sikh Marriages
- Laws For Christian Marriages
- Laws For Parsi Marriages
- Special Marriages Act, 1954
- LGBTQIA+ Marriage Rights
- Conclusion
Introduction: marriage Laws
In India, the legal landscape concerning marriage is diverse and complex, reflecting the nation’s rich tapestry of religions and beliefs. India doesn’t have a unified system specifically designed to preserve religious freedom while also safeguarding practices of different faiths. Instead, the recognition and validation of a marital union rely on adherence to existing laws. This is commonly known as matrimonial or marriage laws.
Each religious community often has its own traditions and rituals related to marriage. It may not always align perfectly with the provisions of civil or secular laws. This diversity and vibrancy in matrimonial law reflect India’s heterogeneous population. Here, individuals and communities cherish their unique customs and practices.
Navigating through these complexities requires a delicate balance between respecting religious autonomy and ensuring legal validity. It underscores the need for a nuanced understanding of how religious marriage intersects with legal frameworks, acknowledging the importance of upholding fundamental rights while honouring cultural and religious diversity.
Laws For Hindu Marriages
The Hindu Marriage Act, 1955, oversees the marriage registration of Hindu, Sikh, Buddhist, or Jain couples in India. This includes those who have converted to these religions. The Act’s scope extends to these religions based on Article 25(2)(b) of the Indian Constitution. The Hindu Marriage Act’s preamble and Section 2 initially focused on Hindu marriages.
Section 5 outlines mandatory conditions for valid Hindu marriages. Firstly, neither party should have a living spouse at the time of marriage. Second, both parties must be capable of providing consent, without being of unsound mind. Lastly, neither party should have a mental disorder that makes it difficult for them to conceive children, even if they are capable of consenting to marriage.
The Hindu Marriage Act sets additional conditions for a valid marriage. Firstly, neither party should have a history of repeated insanity or epilepsy episodes. Both parties must also meet the legal age requirements for marriage, which are 21 for men and 18 for women. Additionally, the Act prohibits marriages within certain relationships defined in Section 5(4), such as lineal ascendancy, prior spousal relationships with lineal relatives, or incestuous relationships. However, customs recognized under personal law may override these conditions if they permit such marriages, making them legally valid.
Section 18
Section 18(b) of the Hindu Marriage Act specifies penalties for couples involved in prohibited relationships. If found guilty, they may face a fine of 10,000 rupees, imprisonment for one month, or both, as determined by the Court.
The Supreme Court reversed the High Court’s decision under section 7 stating that ‘saptapadi’ ceremony is crucial for a Hindu marriage. The lack of sufficient evidence proving this ceremony led the Court to declare the respondent’s second marriage invalid under the Hindu Marriage Act of 1955.
The Hindu Marriage Act recognizes limited forms of marriages described in Shastric texts, which include Asura (bride sold by father), Gandharva (love-based), Brahma (bride given as gift), Daiva (with an official priest), Arsha (gifts of cows/bulls), Prajapatya (repayment of debts), Rakshasa (forced/abduction), and Paisacha (non-consensual). Among these, only Brahma, Daiva, Arsha, and Prajapatya are considered valid under ancient laws. However, the Act itself doesn’t specify any particular form of marriage but sets conditions for a legally recognized marriage.
The Supreme Court made marriage registration compulsory in India, requiring the government to ensure compliance. Under this mandate, marriages must be solemnised according to the law and proper religious ceremonies. Parties provide required documents, get a registration date, appear before a Magistrate, and upon approval, receive the marriage certificate promptly.
Laws For Muslim Marriages
In India, there’s no specific law for regulating Muslim marriages. The key distinction between Hindu and Islamic views on marriage is that Hindus consider it a sacrament, whereas Muslims view it as a civil contract (nikahnama) between a Muslim man and woman.
For a valid Muslim marriage, certain fundamental requirements must be met: both parties must have the capacity to marry, there must be a clear proposal (ijab) and acceptance (qubool) as it’s a contractual relationship, free consent of both parties is essential, a consideration (Mehr) is required for the contract’s completion, there should be no legal obstructions to the marriage, and witnesses must be present according to Sunni or Shia beliefs. The number of witnesses varies based on the respective belief systems.
Muslim marriages are categorised into sahih (valid), batil (void), and fasid (irregular). Irregular marriages occur due to errors such as insufficient witnesses, marrying during the Iddat period, or interfaith marriages. Marrying one’s two sisters is also considered a condition that makes the marriage irregular.
Marriage In Islamic Law
In Islamic law, muta marriages constitute a unique category where relationships are short-term and focused on pleasure, ending at a specified time, which can vary from a day to a year without any restriction on the duration. Notably, Sunni Muslims do not recognize muta marriages, while they are predominantly practised and accepted among Shia Muslims.
In India, Muslim marriages are considered civil contracts and are governed by the Muslim Marriages Registration Act of 1981. It is mandatory to register Muslim marriages in the country. According to Section 3 of this Act, registration must occur at least one month after the Nikah ceremony. The Nikahnama, signed by the bride, groom, and witnesses, serves as the legal contract that formalises the marriage and includes all necessary conditions of the relationship. The Supreme Court has ruled that children born from a Muslim father and Hindu mother in a fasid marriage are considered legitimate. Therefore, they are legally entitled to inherit their father’s property.
Laws For Sikh Marriages
Although Sikhs are legally categorised as ‘Hindus,’ there has been a persistent demand within the Sikh community for separate marriage legislation tailored specifically for Sikhs. This demand has arisen due to instances of harassment faced by Sikh couples abroad concerning their marriage certificates under the ‘Hindu’ Marriage Act of 1955.
During the Manmohan Singh-led UPA-II government in 2012, the Anand Marriage (Amendment) Bill was successfully passed and approved by then-President Smt. Pratibha Patil. This amendment granted Sikhs the legal right to register their marriages under the Anand Marriage Act, originally introduced during the colonial era in 1909 to formalise the ceremonial “Anand Karaj” weddings of Sikhs. The 1909 law did not include registration clauses, a gap that was addressed and rectified by the 2012 amendment. Registration under the Anand Marriage Act is now possible in several regions, including Haryana, Delhi, and Punjab, as well as the Andaman and Nicobar Islands.
This Act formalises the traditional Sikh matrimonial ceremony known as ‘Anand Karaj.’ In Haryana, the registration process involves presenting a memorandum along with written proofs and paying a fee of 50 rupees within 30 days of the ceremony. Tehsildars handle registrations in villages, while city areas are overseen by Joint Commissioners, Executive Commissioners, and Municipal Corporation Secretaries.
Laws For Christian Marriages
The Indian Christian Marriage Act of 1872 lays out the legal framework for Christian weddings in India. To ensure a valid ceremony, the Act mandates the presence of a church priest or minister to solemnize the union (Section 4). Notably, this Act allows for marriages between Christians and non-Christians, as long as the ceremony complies with the Act’s regulations. This provision offers flexibility for interfaith couples seeking a Christian wedding in India.
The Indian Christian Marriage Act sets minimum age requirements for marriage, mirroring other Indian marriage laws. Brides must be at least eighteen, while grooms must be twenty-one. Both parties must freely consent and be unmarried at the time.The Act mandates a notification process. If both parties reside in the same area, either can give notice to the Minister of Religion. If they live in different areas, separate notices must be submitted to the district Marriage Registrars. Upon receiving notices, the Minister issues certificates for the wedding ceremony. However, if one party is a minor (as defined by Section 15), the Act (Section 13) requires the Minister to return the notice within 24 hours or send it to the appropriate Senior or District Marriage Registrar.
Section 5
Under Section 5 of the Indian Christian Marriage Act, certain individuals are authorised to solemnise marriages according to its provisions. These include a Clergyman from the Church of Scotland if the marriage follows its ceremonies, rituals, and customs. Additionally, a Minister of Religion listed under the Act, a Marriage Registrar, or a legally licensed person authorised by the Act to issue marriage certificates to Indian Christians can conduct or witness the marriage ceremony. Marriages solemnised by individuals not mentioned in this list will be considered void under the Act. If the marriage does not occur within sixty days after the Minister of Religion issues the notice, a new application for the required notice must be submitted before the marriage can be solemnised.
Laws For Parsi Marriages
Parsis, followers of Zoroastrianism and a religious minority, have their marriages governed by the Parsi Marriage and Divorce Act of 1936. These marriages are registered at the Registrar’s office within their territorial jurisdiction.
Section 3 of the Parsi Marriage and Divorce Act, 1936, outlines the conditions necessary for a legally valid Parsi marriage. These include the absence of a certain level of blood relation or consanguinity between the prospective couple, as well as not falling under the relationships listed in Schedule I of the Act. The marriage must be solemnised by a Parsi priest in the presence of two community witnesses and in accordance with the essential ‘Ashirwad’ ceremony, failing which it will be invalid. Additionally, the man must be twenty-one years old, and the woman must be eighteen years old for the marriage to be considered valid.
Under Section 4 of the Parsi Marriage and Divorce Act, certain circumstances render a Parsi marriage unlawful. Specifically, no Parsi individual, regardless of their religious affiliation or change in domicile, can remarry while their spouse is alive unless they are legally separated through divorce, declaration, dissolution, or annulment under the Act. Furthermore, after the wedding ceremony, the newly married couple and three witnesses must sign the marriage certificate for its issuance.
In terms of registration, the marriage certificate must be submitted to the Marriage Officer along with the required fee. Section 53 of the Parsi Marriage and Divorce Act, similar to the Hindu Marriage Act, previously listed certain relationships as ‘prohibited,’ making marriages between such individuals invalid. However, this section has now been repealed.
Special Marriages Act, 1954
The Special Marriage Act of 1954 breaks away from the religious marriage laws by offering a legal framework for marriages between people of any faith, including Hindus, Muslims, Sikhs, Christians, Jains, Buddhists, and Parsis. This Act caters to inter-faith and inter-caste couples in India, allowing consenting adults to get married and have their union officially registered.
Section 4 of the Special Marriage Act, akin to Section 5 of the Hindu Marriage Act, 1955, outlines crucial conditions for a marriage to be legally valid. These conditions include the absence of a living spouse (4a), meeting mental and physical capacity requirements (4b), age restrictions of twenty-one for men and eighteen for women (4c), and prohibiting marriages between individuals in a prohibited relationship unless allowed by their customs (4d). These conditions are essential for establishing the legal validity of a marriage under the Act. Violation of any of these conditions will result in the marriage being annulled. The Special Marriage Act serves as an alternative for interfaith couples. They maybe unable to establish a legitimate marital status under their respective personal laws. By turning to this Act, such couples can be legally recognized as husband and wife. This provides them with a legal framework for their union.
Role of Special Marriage Act
The Special Marriage Act of 1954 (SMA) offers a vital solution for interfaith couples encountering difficulties in securing legal recognition under their respective religious laws. The Act establishes a clear and streamlined procedure for these couples. It allows them to formalize their union and obtain official recognition of their marriage. It is crucial to note, however, that the SMA outlines specific conditions for a valid marriage. Any breach of these conditions, such as failing to meet the minimum age requirement or entering into a prohibited relationship, can result in the marriage being declared null and void.
The Special Marriage Act, 1954, applies not only to Indian couples but also to situations where an Indian citizen marries a foreigner within India. For marriages conducted outside the country, the Foreign Marriage Act, 1969, is applicable. These marriages are of a civil nature. They require both parties to be mentally sound and capable of marrying each other. The key difference from marriages between Indian parties under the Special Marriage Act is the necessity of obtaining a No-Impediment Certificate (NOC) from the relevant embassy and having a valid VISA for the foreign spouse.
Upholding Equality With LGBTQ+ Rights
The LGBTQIA+ community is often referred to as sexual minorities in India. They have gained the right to engage in same-sex or non-heterosexual relationships. This is followed with the decriminalisation of section 377 of the Indian Penal Code. This section previously criminalised consensual non-penile-vaginal intercourse between adults. Hence, labelling it as ‘unnatural’ and making it illegal for LGBTQ+ individuals to engage in such activities. The Court ruled that laws infringing upon something as natural and inherent as a person’s sexual orientation violate their fundamental and constitutional rights.
The ‘project marriage’ case in Kerala involves a petition filed by a same-sex couple. It seeks legal recognition of their marriage under the Special Marriage Act, 1954. The case highlights the ongoing legal battle for marriage equality for LGBTQ couples in India. The petitioners aim to secure legal validity for their marriage. It also challenges existing laws that do not recognize same-sex marriages.
The current status of the LGBTQ marriage rights project in the Kerala court case involves a petition filed. It was under Article 226 of the Constitution of India. The petitioners are seeking to solemnise their marriage under the Special Marriage Act, 1954. They want to have challenged the provisions of the Act that only permit heterosexual couples to marry, thereby denying equal access to marriage for same-sex couples like the petitioners. However, In India, same-sex marriages are not legally recognized till date.
Apart from judicial rulings, the legalisation of same-sex marriages hinges on political determination. Therefore, the involvement of the legislature and executive is crucial. This is because accommodating such marriages would require an overhaul of existing marriage laws.
Conclusion
The legal framework of India endeavours to cater to the diverse religious communities within the nation. This ensures the regulation of marriage solemnization and registration across religions. However, there is a pressing need to modernise and expand these laws to reflect societal changes and inclusivity. Efforts are underway by civil society members, legal professionals, and activists. This is to integrate sexual minorities into the institutional legitimacy of marriages. The ongoing calls for a Uniform Civil Code signal a desire for a rational legal system governing aspects of life. This includes marriage, thereby streamlining the complexities of different religious personal laws.
