Legal Issues Surrounding Interfaith and Inter-Caste Marriages in India: Challenges and Reforms

  • Vivek Raj Mishra and Arya Kashyap
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  • Vivek Raj Mishra

    Student at Bharati Vidyapeeth Deemed University Pune, India

  • Arya Kashyap

    Student at Amity Law School Amity University Patna, India

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Abstract

Interfaith and inter-caste marriages in India pose major legal and societal hurdles, reflecting long-standing cultural and religious conflicts. Despite constitutional rights of equality and freedom of choice, couples in interfaith and inter-caste marriages frequently encounter prejudice, violence, and legal challenges. The Special Marriage Act of 1954, created to offer a secular framework for such partnerships, imposes procedural requirements that might subject couples to societal reaction, such as mandated public notifications that jeopardize their privacy and safety. Furthermore, certain states' anti-conversion laws have been criticized for placing additional difficulties on interfaith couples and limiting their freedom to marry freely. These regulations, which are generally intended to prevent forced conversions, are regularly abused to target and harass couples, infringing on their personal freedoms and autonomy. Judicial interventions have highlighted the need for changes to protect people' rights in interfaith and inter-caste marriages, stressing privacy, autonomy, and non-discrimination. However, loopholes in the execution of legal safeguards persist, and the judiciary's position vary, resulting in contradictions in the application of legislation. There is a clear need for a stronger legislative framework that balances individual rights protection with social concerns while also promoting inclusion and tolerance. Proposed improvements include amending the Special Marriage Act to improve privacy, streamlining processes to protect couples from harassment, and establishing clear standards to prevent anti-conversion legislation from being abused. Addressing these concerns is critical for creating a society that honors individual choices while upholding constitutional principles such as equality, decency, and freedom. To address the problems that interfaith and intercaste couples encounter in India, a holistic approach that includes legal changes, public awareness, and authority sensitization is required.

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Research Paper

Information

International Journal of Legal Science and Innovation, Volume 7, Issue 3, Page 612 - 621

DOI: https://doij.org/10.10000/IJLSI.112677

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