Author :sanskriti bhatiya / alliance school of law bangluru
The social institution of marriage has changed significantly over time, mirroring changes in the legal, cultural, and religious contexts of cultures all over the world. The intriguing journey of marriage law’s growth from ancient customs to the current discussions surrounding equality and human rights, reflects larger shifts in human society.
Abstract :
In ancient India, religious teachings and customs dominated marital legislation. The predominant religion, Hinduism, viewed marriage as a sacred responsibility (dharma) necessary for both spiritual development and social stability. Manusmriti and other texts described many facets of marriage, such as the responsibilities and obligations of the husband and wife, the value of chastity, and the customs to be followed.New rules and customs pertaining to marriage were instituted by Islamic governments during the Middle Ages. Muslim marriages were regulated by the Sharia, which was founded on the Quran and Hadith and placed a strong emphasis on contractual duties, the payment of dower (mehr), and the right to divorce (talaq). The majority adherence of the Muslim and Hindu communities to their respective religious traditions and laws resulted in a pluralistic legal system. The 18th century saw the introduction of British colonial control, which significantly altered India’s legal system, particularly its marriage rules. When it came to personal laws, the British first allowed Muslims and Hindus to run their marriages in accordance with their religious practices. Nonetheless, attempts to codify and amend these laws increased along with the growth of the colonial government.The Hindu Widow Remarriage Act of 1856, which broke long-standing societal stigmas against Hindu widows, was one of the most important changes. A legal foundation for interfaith weddings and those who choose not to adhere to religious practices was established by the Special Marriage Act of 1872, which also provided a secular form of marriage. This law represented a pioneering effort to create a unified civil code.Following its independence in 1947, India underwent extensive law reforms with the goal of promoting gender equality and social justice. Hindu marriage rules were modified and formalised by the historic Hindu Marriage Act of 1955. It addressed topics including alimony, divorce, and monogamy and acknowledged women’s rights to maintenance and divorce.Muslims’ personal law was still based on Sharia, however the Dissolution of Muslim Marriages Act of 1939 gave Muslim women specific reasons on which to file for divorce. But the Shah Bano case in 1985—in which a Muslim wife asked her husband for maintenance.The Special Marriage Act of 1954 expanded the application of secular marriage laws by permitting any two people to get married under a civil contract, regardless of their religious beliefs. This act encouraged societal integration and individual freedom by providing a legal framework for marriages between people of different faiths and castes.
India has struggled with complicated marital law concerns for many years, a result of shifting social mores, the pursuit of human rights, and gender equality. The state’s dedication to defending women’s rights was demonstrated by the Protection of Women from Domestic Violence Act of 2005, which offered extensive safeguards against abuse of women in marriage.
The 2017 Supreme Court decision calling the practice of quick triple talaq (talaq-e-biddat) unlawful was one of the most important recent developments. For Muslim women, this ruling marked a significant advancement in gender justice. The Muslim Women (Protection of Rights on Marriage) Act, 2019 subsequently made instant triple talaq illegal and gave impacted women legal remedies.Same-sex couples’ legal recognition is still a hotly debated topic.The demand for a Uniform Civil Code (UCC) has been a recurring topic in political and legal discourse in India. Proponents contend that a UCC would do away with the gender discrimination that exists in personal laws and provide equal rights for all citizens, regardless of religion. However, detractors advise against undermining religious and cultural diversity.
The formation of marriage laws in India is a dynamic process that is impacted by the interplay of tradition, modernization, and the pursuit of social justice, even as the country navigates these problems. India’s pluralistic culture and its dedication to protecting individual rights within a vibrant and diverse society are reflected in the ongoing legal and social issues.
Case laws
Shankutala devi vs amaranth [1985]
The Hindu Marriage Act, 1955’s provisions were construed in this case by the Supreme Court, who focused in particular on cruelty as a reason for divorce. The Court established a precedent for future decisions pertaining to the definition of cruelty in marriage disputes by holding that cruelty can be both physical and mental.
Lata singh vs state of up
In this decision, the Supreme Court affirmed adults’ freedom to wed anybody of their choosing under the Special Marriage Act of 1954, highlighting the fact that inter caste and inter religious marriages are constitutionally protected as matters of personal choice. The ruling emphasised the freedom of choice and personal liberty in marriage.
Conclusion
The intricate and diverse development of marriage laws in India is a reflection of the nation’s rich cultural legacy, colonial past, and post-independence goals for justice and equality. India’s marriage rules will change as the country does, attempting to strike a balance between tradition and the need to protect everyone’s human rights and gender equality.
FAQ
1 .What are the main Indian laws pertaining to marriage?
India has a number of significant marriage laws, such as:
Hindu, Buddhist, Jains, and Sikh weddings are governed by the Hindu Marriage Act of 1955.
Regardless of faith, civil marriages are permitted under the Special Marriage Act of 1954.
Christian weddings are governed under the Indian Christian Marriage Act of 1872.
Parsi weddings are governed under the Parsi Marriage and Divorce Act of 1936.
The Dissolution of Muslim Marriages Act of 1939 and the Muslim Personal Law (Shariat) Application Act of 1937 provide additional legal frameworks for Muslim marriages.
