Abstract
In India, interfaith marriages those between partners from different religious backgrounds are legally allowed and protected under the Constitution. These marriages are an expression of personal liberty and secularism. However, in practice, couples face numerous barriers. Legally, the process involves complex procedures under the Special Marriage Act, 1954, including a mandatory public notice period, which often exposes couples to harassment. Socially, families and communities may oppose such unions due to religious intolerance, cultural traditions, or the fear of social exclusion. Politically, interfaith marriages are sometimes targeted by controversial narratives like “Love Jihad,” leading to misinformation and further hostility.
This paper analyses the existing legal framework, examines real-life challenges faced by couples, and offers reforms to strengthen the protection of individual rights. It emphasizes the need to balance legal procedures with personal freedom and advocates for promoting secular values in marriage laws.
Keywords: Interfaith Marriage, Secularism, Constitutional Rights, Love Jihad, Legal Barriers, Social Resistance.
- Introduction
India is known globally for its cultural richness and religious diversity. With over 1.4 billion people belonging to various faiths including Hinduism, Islam, Christianity, Sikhism, Buddhism, Jainism, and others the country embodies a pluralistic society governed by a secular constitution. The Indian Constitution guarantees every citizen the right to freedom of religion (Article 25) and personal liberty (Article 21), which includes the right to choose one’s partner and marry outside one’s religion.[1]
Despite these constitutional safeguards, interfaith marriages remain a socially sensitive and controversial subject. While such marriages are legally recognized, especially under the Special Marriage Act, 1954, they are often viewed with suspicion and opposition by certain sections of society[2]. These unions challenge traditional norms, religious boundaries, and community-based marital practices. As a result, couples who choose to marry across faiths are frequently subjected to:
- Social stigma, including community backlash and isolation,
- Familial resistance, which can escalate to threats or coercion,
- Administrative obstacles, such as delays or refusal by marriage officers,
- Political interference, especially in states where narratives like “Love Jihad” are promoted[3].
In some extreme cases, interfaith couples face violence, legal intimidation, or are forced into hiding for their safety. These developments not only violate the spirit of the Constitution but also highlight the tension between individual autonomy and collective societal norms.
This paper aims to explore how legal mechanisms like the Special Marriage Act are structured to facilitate such marriages, while also analysing the societal and political challenges that make interfaith unions difficult in practice. It further evaluates the need for legal reform and public awareness to uphold secular and democratic values in the institution of marriage.
[1] The Constitution of India. Article 21 – Protection of life and personal liberty, and Article 25 – Freedom of conscience and free profession, practice, and propagation of religion.
[2] Special Marriage Act, 1954. This Act allows for a civil marriage between individuals of different religions without religious conversion.
[3] National Investigation Agency (NIA) reports and Supreme Court observations in the Hadiya case (2018).