Special Marriage Act
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Special Marriage Act
The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage (or "registered marriage") for people of India and all Indian nationals in foreign countries, irrelevant of the religion or faith followed by either party. The Act originated from a piece of legislation proposed during the late 19th century. Marriages solemnized under Special Marriage Act are not governed by personal laws. Background Henry Sumner Maine first introduced Act III of 1872, which would permit any dissenters to marry whomever they chose under a new civil marriage law. In the final wording, the law sought to legitimize marriages for those willing to renounce their profession of faith altogether ("I do not profess the Hindu, Christian, Jewish, etc. religion"). It can apply in inter-caste and inter-religion marriages. The Bill faced opposition from local governments and administrators, who believed that it would encourage marriages based on lust, which would i ...
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Parliament Of India
The Parliament of India (International Alphabet of Sanskrit Transliteration, IAST: ) is the supreme legislative body of the Republic of India. It is a bicameralism, bicameral legislature composed of the president of India and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The president in his role as head of the legislature has full powers to summon and prorogue either house of Parliament or to dissolve the Lok Sabha. The president can exercise these powers only upon the advice of the prime minister of India, prime minister and his Union Council of Ministers. Those elected or nominated (by the president) to either house of Parliament are referred to as member of Parliament (India), members of Parliament (MPs). The member of Parliament, Lok Sabha, members of parliament of the Lok Sabha are direct election, directly elected by the Indian public voting in single-member districts and the member of Parliament, Rajya Sabha, members of parliam ...
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Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ...
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Civil Marriage
A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religion, religious body and recognized by the state, or it may be entirely secular. History Every country maintaining a Civil registry, population registry of its residents keeps track of marital status, and all UN Member countries except Iran, Somalia, South Sudan, Sudan, and Tonga have signed or ratified either the United Nations Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages (1962) or the United Nations Convention on the Elimination of All Forms of Discrimination against Women (1979) which carry a responsibility to register marriages. Most countries define the conditions of civil marriage separately from religious requirements. Certain countries, such as Israel, allow couples to register only on the condition that they have first been married in a religious ceremony recognized by the state, or were marrie ...
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Personal Laws In India
The Uniform Civil Code (Hindi: समान नागरिक संहिता, IAST: Samāna Nāgarika Saṃhitā) is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion, gender and sexual orientation. Currently, personal laws of various communities are governed by their religious scriptures. Implementation of a uniform civil code across the nation is one of the contentious promises pursued by India's ruling Bharatiya Janata Party. It is an important issue regarding secularism in Indian politics and continues to remain disputed by India's political left wing, Muslim groups and other conservative religious groups and sects in defence of sharia and religious customs. Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. Meanwhile, article 25-28 of the Indian constitution guarantees religious freedom to Indian citizens and allows rel ...
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Henry Sumner Maine
Sir Henry James Sumner Maine, (15 August 1822 – 3 February 1888), was a British Whig comparative jurist and historian. He is famous for the thesis outlined in his book '' Ancient Law'' that law and society developed "from status to contract." According to the thesis, in the ancient world individuals were tightly bound by status to traditional groups, while in the modern one, in which individuals are viewed as autonomous agents, they are free to make contracts and form associations with whomever they choose. Because of this thesis, Maine can be seen as one of the forefathers of modern legal anthropology, legal history and sociology of law. Early life Maine was the son of Dr. James Maine, of Kelso, Roxburghshire. He was educated at Christ's Hospital, where a boarding house was named after him in 1902, being the 7th block on the avenue, and 3rd on the East Side. From there he went up to Pembroke College, Cambridge, in 1840. At Cambridge, he was noted as a classical scholar ...
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Inter-caste
Caste is a form of social stratification characterised by endogamy, hereditary transmission of a style of life which often includes an occupation, ritual status in a hierarchy, and customary social interaction and exclusion based on cultural notions of purity and pollution. * Quote: "caste ort., casta=basket ranked groups based on heredity within rigid systems of social stratification, especially those that constitute Hindu India. Some scholars, in fact, deny that true caste systems are found outside India. The caste is a closed group whose members are severely restricted in their choice of occupation and degree of social participation. Marriage outside the caste is prohibited. Social status is determined by the caste of one's birth and may only rarely be transcended." * Quote: "caste, any of the ranked, hereditary, endogamous social groups, often linked with occupation, that together constitute traditional societies in South Asia, particularly among Hindus in India. Althoug ...
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Inter-religion
Interfaith marriage, sometimes called a "mixed marriage", is marriage between spouses professing different religions. Although interfaith marriages are often established as civil marriages, in some instances they may be established as a religious marriage. This depends on religious doctrine of each of the two parties' religions; some prohibit interfaith marriage, and among others there are varying degrees of permissibility. Several major religions are mute on the issue, and still others allow it with requirements for ceremony and custom. For ethno-religious groups, resistance to interfaith marriage may be a form of self-segregation. In an interfaith marriage, each partner typically adheres to their own religion. One issue which can arise in such unions is the choice of faith in which to raise the children. Legal status Human right According to Article 16 of the Universal Declaration of Human Rights, men and women who have attained the age of majority have the right to m ...
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Hindu Succession Act, 1956
The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes. Parts of this Act was amended in December 2004 by the Hindu Succession (Amendment) Act, 2005. Applicability As per religion This Act applies to the following: * any person who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or follower of the Brahmo, Prarthana or Arya Samaj; * any person who is Buddhist, Sikh by religion; and * to any other person who is not a Muslim, Christian, Parsi, or Jew by religion unless it is proved th ...
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