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Symbiosis Law school, Hyderabad

Name of the Candidates: P. Varun, G. Rithvik

PRN: 21010324087,21010324138
Batch: 2021-2026
PRN NO: 21010324138
Division: D

With the Guidance of

Dr. Sunita Bachchhav
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Chapter 1

1} Abstract

2} Introduction

3} Research Questions/ Hypothesis

4} Research Objectives

5} Scope of the Research Study

6} Research Methodology

7} Literature Review
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Chapter 2

Chapter 3

1} Suggestions

2} References

3} Conclusions
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Chapter 1: Interfaith Marriages In India

Abstract
Despite the influence of western education and socio-economic transformations, Indian
Marriages are predominantly endogamous. They have resulted in massive shifts in India’s
existing pattern of selecting a life mate and marital rituals. India’s Interfaith marriage is
examined in this paper. In India, being in an interfaith relationship is becoming more and
more challenging. In addition to the pressure from society, interfaith couples must navigate
challenging legal frameworks. It becomes more and harder for our secular nation to live in
genuine harmony as a result of these issues. A diverse array of narratives surround interfaith
marriages in India today, including the opposition, resistance and acceptance. It Is important
to examine this relationship in depth, taking into account their unique characteristics and
the negotiation that they face every day deserves greater attention. In addition to
examining closely how people of other religions typically get married, this research paper
also focuses on the challenges and obstacles they encounter. This research paper examines
the various ways mixed couples can get married, starting with The Special Marriage Act. The
next section discusses how interfaith marriage is formally recognised by the Special
Marriage Act. It also emphasises that couples who choose to be married in another manner
do so because they find the Special Marriage Act to present them with several challenges.

Keywords: Indian Marriages, Interfaith marriages, Special Marriage act, Religion.

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Introduction

Due to its close ties to religion, interfaith marriage is a very delicate topic. We are embracing
contemporary ideas, but we also need to change our mindset. There are no restrictions on
love, irrespective of religion or race. We have the legal requirements, but they only offer
legal protections; what about social standing? There are numerous occasions where it is
stated that "two individuals of a different religion got hitched and shortly after they were
both murdered by their respective family members to safeguard their family’s reputation."
Although the pace is modest, we are gradually moving toward a more expansive way of
thinking. India has historically had tight social structures, both between different religious
factions. In a nation that takes pride in being secular, there have frequently felt religious
tensions. Indians had a traditional worldview for a long time. Marriages outside of their own
religion and community were unthinkable to them. They believed marriages could only
occur within the same faith and community. Those who dared to marry outside their
religion by defying social convention had to deal with the repercussions of violence, social
boycott, familial boycott, and the deaths of the children (honour killing). And even now,
when getting married. Marriage between different religions is also frowned upon, which
makes things even more difficult for the pair. With increased dowry and wedding costs in many
regions of the nation, there is still pressure to wed young. Choosing a partner, whether by the
parental arrangement or a self-arranged "love" marriage, can have profound and enduring effects on
future family life. Despite the fact that the total number of these marriages was not extremely high,
throughout this time the percentage of marriages that crossed caste and religious divides doubled.
Even though there have been fewer child weddings, the average age at marriage has only steadily
increased. India has always had a minimum age for marriage and widespread practice of marriage.
Unquestionably, India is a setting where many couples who transgress religious borders have
encountered fierce opposition, necessitating action from the highest legal body, with the Sc
requesting security for such couples. An individual would face issues in their family and community if
they married outside of their religion. In other cases, Indian relatives of couples who opposed
interfaith marriage used violence to get their way. Numerous public and private entities have also
harmed couples who have entered into interfaith and inter-caste unions through acts of violence,
local boycotts, and "Honour Killings." The government, both at the federal and state levels, has not
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conducted surveys on interfaith marriages, despite the fact that numerous surveys have been
carried out by individual researchers. These surveys all agree that interfaith marriages have a
significant but constrained impact on society as a whole. According to a survey, the 12-45 age group
were married outside of their religion. With 3.1 % of women having mixed marriages in which
Christians are the highest number who were marrying outside their religion. However, it is
anticipated that society would evolve to become more accepting, open-minded, and progressive.
India has already started down the path of development, modernisation, and globalisation, among
other things.

Research Questions

1. To understand inter-religious marriage which comprehends the geographical

patterns and factors influencing inter-religious unions in India.
2. To re-examine the idea of Interfaith marriages in India with the aid of literature.
3. To Understand the challenges faced In Interfaith Marriage and overcome those
problems.

Research Questions

1. What are the challenges faced by the Interfaith Couple? And how to overcome such
challenges?
2. What are the Special Marriage Act's critics and the obstacles that an interfaith couple
faces?

Research Methodology
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An analytical approach is the foundation of the current study. When conducting analytical
research, facts and data are used to generate a critical judgement. Secondary sources used
by the researcher include books, papers, and websites. Thus, the researcher believes that
these methodologies are appropriate for the current investigation.

Chapter 3

Challenges Of Interfaith Marriages In India

It's likely that we are aware that there may be difficulties if we choose to marry outside our
own religion. Knowing the mistakes interfaith couples commonly make will help us avoid
them and prevent conflicts over religious beliefs from destroying our relationship. The
following points talk about the issues of interfaith Marriage1.

 One spouse in interfaith marriages is allegedly pushed to convert (Mostly women).

 According to Muslim Personal Law, conversion to another religion is the sole method
to marry a non-Muslim.
 Hinduism only permits monogamy, and those who desire to remarry must undergo
further steps.
 The 1954 Special Marriage Act is incompatible with our society's backwardness.
 In the context of the High Court's decision to void the Interfaith Marriage, there is
disagreement on the applicability of Article 226.
 disregarding variations in religion. Trying to ignore these issues frequently results in
their getting worse over time.

Considering laws to control marriages between two consenting individuals would violate
constitutional protections and the whole idea of individuality and fundamental liberties.
1
Sheri stritof, common interfaith marriage problems, verywell mind(2022),
https://www.verywellmind.com/common-interfaith-marriage-mistakes-2303111
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Article 21: It states that no one may be robbed of their life or personal freedom until doing
so in accordance with the legal process. Both people may exercise this freedom.
Article 25: The freedom to pursue the religion of one's choosing is guaranteed by Article 25
of the Indian Constitution, and each religion's personal l outlined specific regulations
relating to marriage for its adherents. As a result, interfaith marriages are legal in India since
the constitution permits conversion to a faith other than the one to which a person was
born, and because the personal laws of each religion provide provisions.

Although there are legal safeguards in place to protect those who marry outside of their
race or religion. However, they are rejected socially and shunned. We are embracing
contemporary values and foreign traditions and practises, yet we are still stuck on these
constricting ideas about social approval if we marry someone outside of the clan. What the
public will believe about them, their family, and themselves. The reputation of their family
will suffer. The idea of interfaith marriage is considered shameful for several reasons.

Literature Review:
The researcher has completed all background checks on the relevant authorities. The cited
books, articles, journals, etc.
According to the Researcher Saheli:

In the qualitative study by Saheli(2007), some women were open to marrying their sons outside the
community but not their daughters. India is undoubtedly a situation where many couples who
transgress religious borders have encountered strong opposition, necessitating action from the
highest legal body, with the Supreme Court requesting security for such couples (Dasgupta 2007).
The burden of the troubled history of Hindu-Muslim relations, as Chopra and Punwani (2005: 50) put
it, affects Hindus and Muslims in general. Ansari and Anjum (2013) through their study also brought
out that the mothers were more willing to accept their daughter’s marriage outside the community
as compared to the fathers.

Hindus at the edge: Self-awareness among adult children in Interfaith Marriages In south India.

By Mattison Mines
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The author is interested in learning more about how the adult offspring of such marriages
present their sense of self, their relationships with their parents and other family members,
and how they create their own sense of religious practice and identity. The author chooses
to concentrate on the children of intermarriage because, contrary to their parents, it is the
youngsters who must work through the identity conundrum presented by a dual
background and, in doing so, assert their positions in society and among their relatives.

Voices of Young woman In Interfaith marriages

By Summayyah Bhatoo and Uma Bhawon

the narrator captures The experiences of a young woman in an interfaith marriage depicted
in her qualitative study in a setting where ethnic or religious identity is not under question
or in danger. Even in-depth interviews with ten women were done in order to learn from
their stories the tensions and difficulties they faced and how they handled them. The author
examines not only the problems of the present but also those of the past.

Interfaith Education: A new Model for today’s interfaith families

By Benjamin Arenstein and Sheila C. Gordon.

The researcher concentrated on a non-doctrinaire "dual faith" education paradigm, which is
a new approach to religious education. In this day of shifting ethos and demographics, the
researcher emphasises the significance of the notion, describes its components, and
discusses its consequences for religious education.
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