Personal laws:
- India is a multicultural nation with a wide range of customs, beliefs, and civilizations.
- This diversity is reflected in India’s legal system, which coexists with secular and religious legislation, particularly with regard to marriage.
- India’s diverse cultural and religious landscape is reflected in its personal laws, which permit different communities to follow their own religious texts and customs when it comes to personnel affairs.
- The coexistence of secular legal systems and religious laws within a democratic framework is highlighted by the existence of personnel laws.
- Major personal laws in India
Hindu personal laws:
- Governed by the Hindu Adoptions and Maintenance Act of 1956, the Hindu Marriage Act of 1955, the Hindu Succession Act of 1956, and the Hindu Minority and Guardianship Act of 1956.
- Sikhs, Jains, Buddhists, and Hindus are all subject to these laws. They address guardianship, adoption, divorce, maintenance, and inheritance.
Muslim Personal Laws:
- Governed by various conventional interpretations of Sharia as well as the Muslim Personnel Law (Shariat) Application Act of 1937.
- These rules address a variety of topics, including marriage (Nikah), divorce (Talaq), inheritance (Wirasat), and maintenance (Nafkhah).
Christian Personal Laws:
Governed by the Indian Divorce Act of 1869 and the Indian Christian Marriage Act of 1872.The Indian Christian community’s marriage, divorce, and maintenance issues are covered under the laws.
Parsi Personal Laws:
- Under the Parsi Marriage and Divorce Act, 1936, which is applicable to the Indian Parsi community.
- Divorce, marriage, and other personnel issues are covered.
| Personal Laws | Special Marriage Act |
| Conversely, personal laws are unique religious communities that they are intended to serve. Different sets of personnel rules apply to Muslims, Christians, Parsis, and Hindus (including Sikhs, Jains, and Buddists) in India. | The Special Marriage Act was enacted in order to give married couples a legal foundation, regardless of their religious or spiritual beliefs. Since it is secular legislation, it is not governed by any religious traditions or conventions. |
| Regardless of their religion, it is applicable to all Indian nationals, even those who live overseas. | |
| The religious practices and customs of the particular community dictate the procedures and rituals for marriage under personal laws. | A notice of planned marriage must be filed with a Marriage Registrar in the district where at least one of the parties has lived for at least thirty days prior to the notice date as part of the marriage procedure under this act. If there are no complaints after 30 days, the marriage can be formally celebrated. |
| Age, consent, and partnerships that are forbidden are examples of conditions for marriage that are comparable to those in the Special Marriage Act but are interpreted in light of the customs of each faith. | In addition to not being in a forbidden relationship and being of legal age (21 for men and 18 for women), both parties must be mentally competent of giving their agreement to the marriage. |
| Marriage registration is a strongly recommended and in some states required process, however there are considerable variations in its implementation. Similar to the Special Marriage Act, the registration under personal laws offers a formal record of the marriage. | A marriage certificate, which is a legitimate legal document verifying the marriage, is issued by the Marriage Officer when the marriage is registered under this act. |
Personal Laws (Amendment) Act, 2019
- A major piece of legislation passed by the Indian Parliament, the Personal Laws (Amendment) Act, 2019 aims to alter five personal law statutes by eliminating leprosy as a reason for divorce or separation.
- Mycobacterium leprae is the bacterium that causes leprosy, a chronic illness that has historically resulted in shame and discrimination against persons who have it.
- Leprosy was regarded as an incurable and contagious disease prior to this modification, and it was a reason for filing for divorce or separation under a number of religious personal laws.
Key Amendments Made by the Act
The Personal Laws (Amendment) Act, 2019 amends the following acts:
- The Hindu Marriage Act, 1955
- The Dissolution of Muslim Marriages Act, 1939
- The Divorce Act, of 1869 (applicable to Christians)
- The Special Marriage Act, 1954
- The Hindu Adoptions and Maintenance Act, 1956
- The amendment specifically removes leprosy as a ground for divorce, thereby supporting the rights and dignity of those affected by the disease.
- This change reflects modern medical advancements that have made leprosy a curable condition, especially with the introduction of Multi-Drug Therapy (MDT) in the 1980s.
Uniform Civil Code
- Article 44 of the Indian Constitution, which states that the state shall make efforts to obtain for the citizens a consistent civil code across the territory of India, is at the centre of the discussion around the implementation of a consistent Civil Code (UCC) in India.
- In other words, a Uniform Civil code (UCC) would mean that all citizens, regardless of their religion, would be subject to the same set of rules governing personal concerns.
- This would guarantee justice and equality for all, particularly for women living in different communities.
Nonetheless, there has been criticism to the proposal from a number of sources who believe it jeopardises cultural identity and religious freedom.