Special Marriage Act & Anti Conversion Laws of India

  • Vallari Kapoor and Prajwal Dwivedi
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  • Vallari Kapoor

    Student at NMIMS, School of Law, Hyderabad, India.

  • Prajwal Dwivedi

    Student at NMIMS, School of Law, Hyderabad, India.

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Abstract

There are a vast number of religious differences and problems for a nation that prides itself on being secular and tolerant. This paper examines interfaith marriages in India. Though interfaith marriages are a relatively limited proportion of all marriages in India, it involves many individuals when we consider the sheer population of India. Being an interfaith couple in India is getting more difficult by the day, apart from the social pressure that wells up, couples also face difficulties posed to them by complex and rigid laws. These problems make it increasingly difficult for our secular country to be truly harmonious. This paper takes a close look at how individuals who practice different religions tend to get married, while also focusing on the problems and roadblocks they face. In this paper, we study how there are multiple ways in which interfaith couples can get married, first of all, through The Special Marriage Act. We then look at how interfaith marriage is solemnized under the Special Marriage Act and also highlight that when married through The Special Marriage Act, couples face different difficulties and obstacles, and thus prefer to opt for the other ways to solemnize a marriage. The other fairly easy way requires the conversion of one of the parties to the marriage, and post-conversion, the marriage is solemnized under the personal laws of the couple. This paper then comes across laws that have just been introduced, which put additional checks or barriers in the couple's way.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 2, Page 1627 - 1638

DOI: https://doij.org/10.10000/IJLMH.112995

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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