India to amend law to expedite Christian divorces

Mangalore Today News Network

New Delhi, July 18, 2015: The Indian government is set to amend a divorce provision applicable to Christians in order to bring uniformity in divorce laws across religions.

The Ministry of Law and Justice is to change what is seen as a discriminative section of the 2001 Divorce Act, government lawyers told the Supreme Court on July 14.

The act, applicable to Christians, requires couples to be separated for two years before applying for a divorce.   The period of separation required under divorce legislation for other religions is only one year.

The law was discriminative. It is a good indication that discrimination based on religion is now being considered for a change, said Supreme Court lawyer, Jose Abraham, who heads the Indian bishops’ Commission of Law and Public Interest Litigations.

The move comes amid a Supreme Court hearing in which a Christian man, Albert Anthony, is trying to overturn a lower court denying him a divorce because of the existing provision.  

Anthony’s plea "was for equal treatment for all Indian citizens,” his lawyer Rajeev Sharma told media.   Several High Courts have already noted the discriminatory nature of the provision, he added.

The law is a "way to discourage and delay" divorces among Christians, according to family law expert George K Jose, who teaches law in Bangalore’s Christ University.   The 2001 law amended the Indian Divorce Act of 1869, which the British created for Indian Christians. Under the old law, couples could divorce only if adultery or a change of religion by one party was proved," Jose said adding that the 2001 amendment made divorce easier for Christians.  However two years separation was added as a concession to some Christian groups who were against divorce.  Abraham said the Catholic Church — although opposed to divorce — is happy about the move to try to bring parity between all Indians.   It should be seen as a progressive move to make uniform codes to govern all Indians. 

Separate laws govern marriage, inheritance and divorce among India’s Christians, Muslims, Hindus and those who marry outside religion.  For decades Hindu groups have been demanding civil laws be uniform for all Indians, a move opposed by Muslims who form about 15 percent of India’s 1.2 billion people.  Abraham said the Church has not made any stand on this demand but will study the issues.