India’s governing party has approved legislation to criminalise interfaith marriages in which one partner forces the other to convert to their religion. The legislation was passed on Tuesday [November 24] and applies to the state of Uttar Pradesh, the country’s most populous state.

This controversial move comes after Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP) campaign against interfaith marriages.

India, a predominantly Hindu country, has a 14% Muslim minority. Some Hindu far-right groups consider interfaith marriages as “love jihad”, and accuse Muslim men of marrying Hindu women specifically to convert them.

Under the new legislation, anyone found guilty of using marriage to force someone to convert to another religion may face a prison sentence of up to 10 years. According to Uttar Pradesh government minister Siddharth Nath Singh, criminalising this act will stop unlawful conversions and bring women justice.

Couples of two different religions will be required to give two months’ notice to a district magistrate before tying the knot. They will be given the go-ahead to marry if the official has no objections. Once the Uttar Pradesh state governor has approved the decree, it will be made law.

The new decree has received sharp criticism.

Menaka Guruswamy, a senior lawyer in India said the law “seems to violate constitutional values of equality, non-discrimination, dignity, and very basic ethos that courts have always recognised, that adults can make their own free choice. All men and women should question this idea of their adulthood being questioned and their free will being second-guessed by the state.”

“The effect of the law is to tighten the grip of religion over individual liberty and choice,” added senior lawyer and human rights activist Vrinda Grover. “It is yet another means to control women’s sexuality, agency, and right to choice. It also infantilises women and portrays them as gullible fools, incapable of making decisions about their life.”

India has been gripped by controversy related to interfaith relationships for the last few weeks. Prime Minister Modi’s party registered a court case against two Netflix executives for their film ‘A Suitable Boy’, which they argue contains content that allegedly offends the religious sentiments of Hindus. The key scene they oppose is one in which a Hindu girl and a Muslim boy kiss against what appears to be a backdrop of a Hindu temple. Many Indians called for the series to be removed and for people to boycott Netflix.

In October, jewellery brand Tanishq came under fire for their advertisement which featured a Hindu-Muslim family celebrating a baby shower. They were forced to withdraw the ad from TV and all social media channels.

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Japanese lawmakers are considering creating a new honourary title for female imperial family members who lose their royal status after marriage, in order to allow them to continue engaging in public duties.

The Japanese Imperial Family is believed to be the oldest hereditary royal family in the world, and their traditions go back hundreds of years. Under the 1947 Imperial House Law, women may not ascend the throne. This law also dictates that the noble line may only run through imperial-born males. Even if an imperial woman is allowed to remain the royal family, her sons may not inherit because their father is not imperial.

The law also states that while women who marry into the imperial family gain royal status, imperial women who marry someone of no aristocratic or royal background cannot remain official members of the family. As such, they lose their royal title and position in her family. This rule does not apply to male members of the imperial family.

Over the years, many imperial women have had to leave the royal family for love, causing concerns that there will not be enough royals left to perform their duties. At least eight members of the royal family have been forced to give up their royal status for marriage since the law was imposed.

This may be an easier pill to swallow for conservatives who are opposed to women ascending the throne or staying in the royal family after marrying a commoner.

If this comes into effect, Emperor Naruhito and Empress Masako’s daughter Princess Aiko, as well as Crown Prince Akishino’s daughters Princess Mako and Princess Kako will be among those to receive the new title.

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In a win for LGBT couples in South Africa, President Cyril Ramaphosa has signed the Civil Amendment Act of 2020, making it illegal for state marriage officers and magistrates to refuse to solemnise a civil union between same-sex couples.

The act, which was signed and passed on October 22, repeals Section 6 of the Civil Union Act, 2006 which previously allowed marriage officers to object to marrying same-sex couples.

The act also requires that the Minister must ensure that there is a marriage officer, other than a marriage officer referred to in section 5 of the principal Act, available to solemnise a civil union at every Department of Home Affairs office.

The new act states that any marriage officer who has been granted an exemption by the Minister in terms of section 6 of the principal Act, prior to the commencement of this Act, lapses 24 months from the date of commencement of this Act.

This move follows after many controversial cases of marriage officers refusing to solemnise same-sex civil unions because it was contrary to their beliefs.

Non-profit Christian organisation Freedom of Religion South Africa (FOR SA) has opposed the President’s decision, calling it ‘unconstitutional’.

“The Amendment Act removes the right of State-employed marriage officers and magistrates to object – on grounds of their sincerely held conscience, religion, and belief (which are protected by section 15 of the Constitution) – to being personally forced to solemnise same-sex marriages.  The Amendment Act fails to replace it with another remedy that meets constitutional standards,” said Daniela Ellerbeck, Legal Advisor of FOR SA.

Read the Act here:Act_8_of_2020_Civil_Union_Amendment_Act

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The Department of Home Affairs is expected to introduce a new draft marriage policy for the country that will bring new changes to marriage laws.

The draft was originally planned to be gazetted for public consultation during the 2020/2021 financial year for cabinet approval by March 31, 2021, but the COVID-19 pandemic brought these plans to a halt.

The new draft is aimed to changing current legislation, which the department explains is not based on constitutional values and modern social dynamics.

“Despite all the changes that have been made in the marriage legislation post-1994, there are still serious gaps in the current legislation. For instance, the current legislation does not regulate some religious marriages such as the Hindu, Muslim and other customary marriages that are practised in some African or royal families,” they explained in May.

“Given the diversity of the South Africa population, it is virtually impossible to pass legislation governing every single religious or cultural marriage practice. It is against this background that the DHA is embarking in the process of developing a marriage policy that will lay a policy foundation for drafting a new single or omnibus legislation.”

Some changes they plan to bring to marriage policy include:

– enabling South Africans of different sexual orientation, religious and cultural persuasions to conclude legal marriages

– introducing strict rules around the age of marriage (including the alignment of age of majority in the marriage legislation to the Children’s Act)

– aligning the marriage, matrimonial property and divorce legislation to address matrimonial property and intestate succession matters in the event of the marriage dissolution

– allowing for equitable treatment and respect for religious and customary beliefs in line with Section 15 of the Constitution

– dealing with the solemnisation and registration of marriages that involve foreign nationals

– dealing with the solemnisation and registration of customary marriages that involve non-citizens especially cross-border communities or citizens of our neighbouring countries

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