Difference between personal and civil law
The central government has said that if same-sex marriage is legalised, then it will affect everything from adoption to other civil laws. There will be a need for a comprehensive change in all the rules. Adoption laws, succession laws, divorce laws are all different in India and common civil code is not applicable here, so the question is that if same-sex disputes are recognized then other civil laws which apply to different religions There is a need for change in the personal laws that guide you.
- Muslim personal law allows four nikahs, but in other religions the rule of one husband-one wife is strictly enforced. Even if there is infertility or impotence, second marriage is a crime for Hindu, Christian, Parsi. Section-494 of the Indian Penal Code has a provision of 7 years of punishment.
- The minimum age of marriage is also not same for all. The age of adulthood of Muslim girls is not fixed and the girl is considered marriageable when menstruation starts, that is why girls are married even at the age of 11-12 years. In other religions, the minimum age of marriage for girls is 18 years and for boys it is 21 years. Under Hindu law, marriage above 15 years of age is not invalid but marriage can take place. If the girl wishes, after crossing the age of 18 years, she can get the marriage declared invalid, but this rarely happens.
- Despite triple talaq being declared illegal, talaq-e-hasan and talaq-e-ahsan are still valid and in these also there is no compulsion to tell the grounds of divorce and only to wait 3 months. In other religions, divorce can be done only through the court. Hindu, Christian, Parsi couple cannot break oral marriage with mutual consent.
- The system of succession in Muslim law is complex. There is discrimination between sons and daughters in ancestral property. In other religions also, the rights of the wife in property acquired after marriage are undefined and the laws of succession are very complex. In the Hindu Succession Act and the Indian Succession Act, the daughter and the son have equal rights.
- In case of divorce or difference of opinion between husband and wife, alimony in Hindu law is determined by the status of the husband. In Muslim personal law, the amount of dowry is given after divorce.
- The rules of adoption are also different for Hindu, Muslim, Parsi, Christian. Muslims cannot adopt and adoption system is applicable in other religions as well with male dominance.
Civil union in the world where gay marriage is not allowed
Same sex marriage is recognized in many countries of the world. There are some countries where it is illegal but a middle way has been found. In France and Northern Europe, civil unions are in vogue instead of traditional marriages. Same-sex marriage is illegal in Japan, but there is a principle of civil union, which is registered. It has nothing to do with religion, nor is it a traditional marriage, but a recognition of living together. This is a separate category. Whatever one’s sexual orientation and gender may be, they are recognized under civil union. Under this, the couple has been given many rights and obligations. For example, they are allowed to take care of children in the hospital. Also, rights have been given to the child in the property of both. Bank account is allowed to operate.
Need for study on civil union in India too
Advocate M.S. Khan says that the public representatives who make laws in India need to think seriously about civil union. There is a Special Marriage Act in India, under which a person of any religion can marry a person of another religion. The principle of civil union is different from this, as it is not a marriage. The live-in relationship in India has been recognized by the Supreme Court from time to time and under this the couple is protected under the Domestic Violence Act. But, if the civil union is recognized, then they will get many civil rights of the couple. Although the Common Civil Code is not applicable in India, a comprehensive study will have to be done on how the protection will be in the civil law.