Allahabad High Court permits interfaith couples to marry without conversion
The court gave them instructions to solemnize their marriage in accordance with their desire to marry under the SMA without compromising their religious beliefs.
In a major decision, the Allahabad High Court lifted the ban on religious conversion, enabling interfaith couples to get married. The Special Marriage Act (SMA) is the legal basis for this historic ruling.
In 1954, the Special Marriage Act (SMA) was passed, creating a legal foundation for the union of individuals from different castes or religions.
The SMA permits civil marriages, in which the relationship is approved by the state, in contrast to religious rituals, in which marriage is governed by personal rules.
An interfaith live-in couple faced threats because of their relationship, so the court gave them protection. Their plea was rejected by the state, which claimed that their voluntary marriage was not recognized by the law.
The court rejected this claim, pointing out that although marriage by consent is void, couples may still petition for a court marriage under the SMA without having to convert.
According to Justice Jyotsna Sharma, an agreement-based marriage is unquestionably illegal. Nonetheless, interfaith couples may still petition for judicial marriage under the SMA without having to change their religion because of the law. The court gave them instructions to solemnize their marriage in accordance with their desire to marry under the SMA without compromising their religious beliefs.
In an additional paperwork, the couple reaffirmed their vow to uphold their own beliefs and refuse to convert. They declared that they sincerely intended to get married in accordance with the law. SMA advocates for an India where legal recognition of love exists across all religious lines. The case’s next hearing is set for July 10, 2024.
According to the Pew Research Center, Indians typically lead divided lives based on their religion. Most people marry someone who shares their beliefs and develop friendship circles within their own religious community. In India, interfaith weddings are quite rare.
In a 2014 study including over 70,000 Indians living in cities, less than 10% of respondents claimed that any member of their family got married outside of their caste. Just 5% of respondents reported that any family members had entered into nonreligious marriages.
In response to prevailing social views, several Indian states have passed a contentious law that makes interfaith love illegal. With an average of 355 marriages each year, 1,063 marriages were registered in Delhi under the Special Marriage Act between 2016 and 2018. This suggests that the number of interfaith unions in the city is rising.
