Betrayal of the Constitution

Context: The passage of laws by certain states that would subject inter-faith marriages among citizens to scrutiny and certification by the State has led to abridgement of fundamental rights of individuals.

Issues with Anti Inter-Faith Marriage Laws

• Intrusion into the privacy of individuals and families: It interferes with the religious and personal choice made by adult men and women.
  • Individual rights are in consonance with the philosophical tradition of the Indian Constitution that recognised spiritual and intellectual advancement as a deeply personal exploration.
  • Individual rights may be restrained only by the laws, and for safeguarding the public interest.
• It equates community rights with individual rights: whereas the Constitution does not recognise community-based interests. (the exception being community-based entitlements, for socially disadvantaged groups)
• Disturbs balance between fundamental rights and duties: recent regressive trends in society, should be energetically countered on account of fulfilling one's duties that oblige citizens to oppose the State.
  • For E.g. Under Article 51 ’A’, duties enjoin citizens to -
    • Promote harmony and the spirit of common brotherhood,
    • Renounce practices derogatory to women value and preserve the rich heritage of our composite culture.
    • To develop scientific temper, humanism and spirit of enquiry.
• Endanger gender empowerment and equality: The laws are based on feudal age (women treated as property and subjected to patriarchy) and on assumptions that adult women re unable of making independent decisions.
• Damages social fabric: Self-appointed vigilantes spread their prejudices and communal hatred, fear and anxiety among the young and families.
  • The State must deal with law and order problem, and punish those who perpetrate unlawful situations rather than turn on a law-abiding citizen.

Conclusion: Blatant violation of the Constitution through anti-inter faith marriage laws must be rejected before further damage is done to the fragile fabric of Indian society.