Why Personal Laws in India are based on Religion

India is a country that has secularism enshrined in its Constitution yet there is a contradiction in this whole concept of secularism, particularly when it is interpreted in the personal laws of its citizens. It becomes a confusing melting pot when Hindus, Muslims, Christians and Parsees have different personal laws pertaining to marriage, adoption, guardianship, divorce, succession and so on.

Personal Laws in India

Yes, these religious communities co-exist as part of one country yet the family laws in India differs from one religon to another. The reason is that the customs, social usage and religious interpretation of these communities as practised in their personal lives depend hugely on the religion they were born in and that which they practise in the Indian society.

Hindu traditions and beliefs are greatly influenced by the Dharmashastras while the Muslim beliefs and traditions pertain either to the  Sunni or Hanafi sect. Interestingly, there was no religious ceremony connected with a Christian marriage till the era of the Council of Trent. In 1563, the Council of Trent enacted a decree that proclaimed marriage as a sacrament and bound all Roman  Catholics in the countries where this law was in effect.

As Hindus, Muslims and Christians always had their own customary laws since time immemorial, the Constitution of India gives them the freedom to follow their religion in matters pertaining to marriage, adoption and succession.  The law respects the differentiating layers that influence decisions about marriage in different religious communities.

Of course, arguments continue to mount in favor of eliminating the religious aspect that creates complexities and lack of uniformity among Indians of different religions. However, it is also a fact that powerful group based identities like these have been strong since time immemorial  and cannot be struck down by the legislators or the judicial custodians of this country without paving the way for staggering hostility and conflict between communities.