ASIA/INDIA - Legal battle on interfaith marriage: the High Court says the Christians are right

Tuesday, 27 March 2012

New Delhi (Agenzia Fides) - The Christians have won a legal appeal and interfaith marriage takes again its full civil effectiveness: yesterday, March 26, with a landmark ruling, the High Court of Gujarat, declared the marriage contract between a Christian and a Hindu woman valid and legitimate, after the state government had declared it invalid, on the basis of the law "Freedom of Religion Act" (defined as "anticonversion law"), in force since 2003. As explained to Fides by Joseph D'Souza, President of the All India Christian Council (AICC), "the judgment will have important consequences and constitute a useful precedent. It implies that Christians can marry people of their choice, even of other faiths". The Christians say that the Government of Gujarat, led by the Hindu nationalist leader Narendra Modi, of the "Barathiya Janata Party" (BJP), tries to use the "Freedom of Religion Act " to prevent the marriages.
The appeal had been filed by the Christian Subashchandra Parmar against an order of the state of Gujarat. Parmar is a civil servant and chancellor who in 2009, on the basis of the "Indian Christian Marriage Act," law in force since 1872, had celebrated the marriage between the Christian Pinakin Macwan and the Hindu girl Vishrutiben Shukla: the girl, as permitted by Law, kept her faith. After over a year, in 2010, a relative of the girl inexplicably asked the government to annul the marriage, under the "Freedom of Religion Act", which aims to "regulate" conversions. In 2011 the government annulled it, accusing Parmar of having legitimated a non- authorized conversion, and withdrew the permission to celebrate marriages and criminal proceedings against him were initiated. Now the High Court ruling says the Christian is right, he had applied the existing law, confirming the eligibility and the full validity of marriages. (PA) (Agenzia Fides 27/3/2012)


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