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Delhi stalling reforms in Christian personal law - Communalism Combat

Jos Chiramel ()
1997 January

Title : Delhi stalling reforms in Christian personal law
Author : Jos Chiramel
Publication : Communalism Combat
Date : January 1997

The judgement of the hon'ble Supreme Court of India dated October
8, 1996 in the appeal filed by Mrs. Molly Joseph alias Nish against
Mr. George Sebastian to the effect that church cannot annual
marriages brings into sharp focus the anomalies that exist in the
present law relating to marriage and divorce among Christians.

The Catholic church all over the world respects and recognizes the
Canon Laws as propounded by the Vatican as morally binding on its
members. However, when the Canon law comes into conflict with the
Civil Law, it is but natural that the law of the land will prevail.

Unfortunately, the civil law relating to marriage and divorce among
the Christians in India is most inadequate. While the provisions of
Indian Christian Marriage Act 1872 are outdated, it has been
repeatedly declared by the hon'ble Supreme Court of India as well
as various high courts from time to time that the provisions of
Indian Divorce Act, 1869 are discriminatory, violative of the
fundamental rights, and required urgent legislative changes.

In spite of almost five decades of independence, those wielding
power and authority, have not found it necessary to update the laws
relating to Christians. Ultimately, the community itself was
compelled to find solutions to its own problems. After painstaking
efforts for almost two decades, the entire Christian community of
various denominations came together and presented Bills relating to
marriage, divorce, succession, maintenance. adoption etc. to the
government of India in 1993. But the Bills are yet to be
introduced in Parliament.

It is significant to note that the then National Minorities
Commission under the chairmanship of Balwant Singh Romoowaliah, who
is presently hon'ble Union minister for welfare, government of
India, in a press conference given in the year 1995 supported the
Bills presented by the Christian community in coming together to
update its laws for the benefit of its suffering members. He also
exhorted other minorities to emulate the example of the Christian
community in coming together to update its laws for the benefit of
its suffering members.

The anomaly existing in the present law is that while it is almost
impossible for persons married under Christian rites to obtain
divorce from the civil courts on account of discrepancies in the
statutory law, the statute itself will also not recognize the
annulments granted under Church laws, however rigorous the
requirements may be for such annulment, merely because the
Britishers enacted the laws relating to marriage and divorce among
Christians to suit their convenience.

By comparison, Muslims do not suffer from such disparities since
there is no statutory law enacted by the government of India
determining their marriage and divorce. The Shariat law prevails in
their case, without any interference from the state. On the other
hand, Christians who have had to carry the burden of outdated laws
left to posterity by the foreign rulers of this country came
together to update their laws to bring them almost at par with the
civil law (thus coming close to the Uniform Civil Code). But the
government has shown a callous attitude in not vetting the proposed
Bills and presenting them before the Parliament.

It is also noteworthy that H.R. Bhardwaj, the law minister in the
Narasimha Rao-led government, gave statements in Parliament on
several occasions after the draft Bills were presented to the
government in 1993 saying that Bills would be introduced shortly in
Parliament. However, the Bills are yet to see the light of day.
The entire Christian community in India wonders as to whether the
talk of justice and equality as talked about by various political
parties has any significance or substance.

The All India Catholic Union which is the sole representative body
of 1.5 crore Catholics in India calls upon the government of India
to immediately do justice to the Christian community and to bring
Bills in Parliament to update the laws relating to marriage,
divorce, succession, maintenance and adoption among Christians in
this country.

(The writer is general secretary, All India Catholic Union)
(Reproduced from Vishal Jagruti, a monthly published by AICU)



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