Personal laws in India refer to the legal frameworks that apply to individuals based on their religion or community in matters of marriage, divorce, inheritance, adoption, and maintenance. Read further to understand the aspects of the personal laws in India.
India is a diverse country with a rich tapestry of cultures, religions, and traditions. The legal system in India reflects this diversity, especially in matters of marriage, where both secular and religious laws coexist.
The personal laws are a reflection of India’s cultural and religious diversity, allowing various communities to be governed by their religious scriptures and traditions in personal matters.
The existence of personal laws underscores the coexistence of secular legal systems alongside religious laws within a democratic framework.
Major Personal Laws in India
Note: Subscribe to the ClearIAS YouTube Channel to learn more.
- Hindu Personal Laws: Governed by the Hindu Marriage Act 1955, the Hindu Succession Act 1956, the Hindu Minority and Guardianship Act 1956, and the Hindu Adoptions and Maintenance Act 1956. These laws apply to Hindus, Buddhists, Jains, and Sikhs. They cover marriage, divorce, maintenance, adoption, inheritance, and guardianship.
- Muslim Personal Laws: Governed by the Muslim Personal Law (Shariat) Application Act 1937 and other traditional interpretations of Sharia. These laws cover marriage (Nikah), divorce (Talaq), inheritance (Wirasat), and maintenance (Nafkah), among other aspects.
- Christian Personal Laws: Governed by the Indian Christian Marriage Act 1872 and the Indian Divorce Act 1869. These laws deal with marriage, divorce, and maintenance matters for the Christian population in India.
- Parsi Personal Laws: Governed by the Parsi Marriage and Divorce Act 1936, which applies to the Parsi community of India. It covers marriage, divorce, and other personal matters.
- Jewish Personal Laws: While there is no specific codified law for the Jewish community in India, their matters are governed by their religious texts and can be adjudicated in civil courts.
Personal Laws vs Special Marriage Act
Special marriage act |
Personal laws |
The Special Marriage Act was enacted to provide a legal framework for couples’ marriage irrespective of their religion or faith. It is a secular law, meaning any religious customs or traditions do not govern it. |
Personal laws, on the other hand, are specific to the religious communities they serve. India has different sets of personal laws for Hindus (which also apply to Sikhs, Jains, and Buddhists), Muslims, Christians, and Parsis. |
It applies to all Indian citizens, including those residing abroad, regardless of their religion. |
These apply based on the religion of the individuals. For instance, the Hindu Marriage Act, of 1955 applies to Hindus, while the Muslim Personal Law (Shariat) Application Act, of 1937 governs Muslims. |
The marriage procedure under this act involves a notice of intended marriage to be filed with a Marriage Registrar in the district where at least one of the parties has resided for a minimum of 30 days before the notice date. After 30 days, if no objections are raised, the marriage can be solemnized. |
The procedures and rituals for marriage under personal laws are determined by the religious practices and traditions of the respective community. |
Both parties must be of legal age (21 for males and 18 for females), must not be in a prohibited relationship, and must be mentally capable of consenting to the marriage. |
Conditions for marriage, such as age, consent, and prohibited relationships, are generally similar to those in the Special Marriage Act but are interpreted within the context of each religion’s traditions. |
The marriage under this act is registered, and a marriage certificate is issued by the Marriage Officer, which is a valid legal document proving the marriage. |
While registration of marriages is encouraged and, in some states, mandatory, the process and adherence can vary widely. The registration under personal laws provides a legal document proving the marriage, similar to that under the Special Marriage Act. |
Personal Laws (Amendment) Act, 2019
The Personal Laws (Amendment) Act, 2019, is a significant piece of legislation passed by the Parliament of India, which seeks to amend five personal law statutes to remove leprosy as a ground for divorce or separation.
- Leprosy, a chronic disease caused by the bacteria Mycobacterium leprae, has been a highly stigmatized condition, historically leading to discrimination against those affected.
- Before this amendment, leprosy was considered an incurable and contagious disease, and it was grounds for seeking divorce or separation under various 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
The debate around the implementation of a Uniform Civil Code (UCC) in India is centered on Article 44 of the Indian Constitution, which lays down that the state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.
- A UCC would mean a common set of laws governing personal matters for all citizens, irrespective of their religion, which proponents argue would ensure equality and justice for all, especially for women within various communities.
- However, the proposal has also faced opposition from various quarters who see it as a threat to religious freedom and cultural identity.
Challenges and Reforms
Personal laws have been at the center of many legal and social debates in India, particularly concerning gender justice and equality.
Critics argue that some aspects of personal laws discriminate against women, leading to calls for reform.
Over the years, the Indian judiciary has played a significant role in interpreting and sometimes amending these laws to enhance gender justice.
Notable examples include the Shah Bano case (1985) for Muslim women’s right to maintenance and the Vishaka Guidelines (1997) for preventing sexual harassment in the workplace.
Why in the news?
2024: Recently, the Assam Government repealed the Assam Muslim Marriages and Divorces Registration Act, of 1935.
- Following the decision, Muslim marriage or divorce registration can happen only through the Special Marriage Act.
- The decision was widely criticized in political circles, but the fact remains that the Muslim personal law, and inevitably, Muslim marriage, divorce, maintenance, and inheritance, have been in the public eye in recent years.
Also, the Supreme Court decided to examine if a divorced Muslim woman is entitled to a claim of maintenance under Section 125 of the Criminal Procedure Code (CrPC) against her former husband thus reigniting the debate on whether secular laws should be given precedence over distinct personal laws.
Conclusion
Personal laws in India represent the country’s commitment to its pluralistic and diverse society, acknowledging the importance of religion in personal matters.
While these laws provide a sense of identity and belonging to different communities, they also pose challenges in terms of uniformity, gender justice, and national integration.
Balancing community-specific rights with the need for a progressive and egalitarian legal system remains a dynamic and ongoing process in the Indian legal and social landscape.
Related article: Same-Sex Marriage;Raising Marriage Age of Women in India
-Article by Swathi Satish
Leave a Reply