Introduction
Interfaith marriage, sometimes called a "mixed marriage", It is marriage between spouses professing different religions. Although interfaith marriages are most often contracted as civil marriages, in some instances they may be contracted as a religious marriage. This depends on religious doctrine of the two parties' religions; some of which prohibit interfaith marriage, but others allow it in limited circumstances.
Over the centuries, casteism and religionism has prevailed in India. Despite several laws, the social stigma for interfaith marriages still exists in the Indian Society.
The matrimonial relationship developed between two individuals having different religious faiths. Recently, several state governments have shown concerns about enacting proper laws to stop marriages which they refer to as ‘Love Jihad’.
However, contemplating laws over interfaith marriage directly violates several rights of people such as right to freedom, personal liberty and right to life.
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Although marrying into a different religion is a matter of choice of an adult but there are certain issues regarding the same.
Related Issues
- This marriages are believed to be a forced conversion of one of the spouses (mostly women).
- As per the Muslim Personal law, in order to get married to a non-Muslim, conversion of religion is the only way.
- Hindu religion allows only monogamy and those who want to marry second time take another course.
- There is no provision regarding caste determination of children born out of such marriages.
- The Special Marriage Act, 1954 is not compatible with backwardness of the society.
- There is debate over the validity of Article 226 in context of annulling the interfaith marriage by high court.
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Contemplating Laws related to Interfaith Marriage
Contemplating laws to regulate matrimonial relationships between two consenting adults would not be just against the constitutional guarantees but would offend the very notion of individuality and basic freedoms.
Interference of the law in an individual’s choice of marriage violates the existing constitutional rights such as the Right to equality, Right to Freedom & Personal Liberty, Freedom of Religion and Right to Life.
Suggestion
There should be acceptance of the special marriage act, 1954 at the mental and social level.
The rights should not be exploited; conversion of religion for marriage only is not at all wise. The marriage of two adults is a complete matter of their own choice, neither a law is to impose any decision, nor any individual. The freedom of decision of his/ her marriage shall lie with the person only. The need is to accept the fact.
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