Inter-Caste And Inter-Religious Marriages Under The Indian Legal System: An Analysis Of Theory And Practice

Abstract

India possesses a unique and unparalleled diversity in terms of culture, language, race, religion and caste which constitute a basic fabric and an integral part of our society.  But unfortunately there are some cultural limitations still prevalent and carried on from preceding generations based on rigid beliefs and unethical practices which have acted as hurdles for cherishing and realizing the dream of pure secular India. An inter-caste or inter religious marriage is one among them. Inter-caste and inter-religious unions are still frowned upon in our society, and persons who marry outside of their caste are viewed as treasonous. Kerala is the state with the highest literacy rate in the country of India. The decision of a girl to marry according to her own will and convert to a different faith, however, sparked national debate. The technological age of information, communication and social networking sites where personal relationships are chosen and shared openly all have helped to break the barriers and build secular bonds as there has been a massive spurt in inter-caste and inter-religion marriages. According to information obtained from the Department of Stamps and Registrations, 2,624 marriages got registered under the Special Marriage Act in 2013-14, which increased to 10,655 the following year. The number has reached 8,391 by January of 2015-16, a 306% rise from 2013-14 to 2014-15. It is in the light of above brief analysis this paper endeavors to discuss in part-  wise 1^st the social norms and sociological perceptions about inter-caste and inter-religious, 2^nd  the status and the law prevalent and protecting such marriages, 3^rd the existing scenario the practical aspects and ground realities among the elite and poorer sections of our society.