This freedom-and-justice framework helps us make sense of some of the current debates and developments on marital relationships. The law commission has recently recommended, in its 212th Report, that the Special Marriage Act 1954 be amended so that all inter-faith marriages take place under it. The proposed amendments seek to do away with those portions of the legislation which make it unattractive to non-Hindus. They also seek to drop the term ‘special’ and make this regime of civil marriage a genuine alternative, not just to inter-faith couples but also to secular couples who don’t want a religious marriage under personal laws. Under the proposals, religion-based personal laws will continue to be available for same-faith couples if they prefer it to the civil alternative — thus the ‘uniformity’ debate is dodged.

Another freedom-related development concerns the ‘queer azadi’ march in Mumbai earlier this year, where a lesbian group made a strong demand for the prohibition of forced marriages. Indian feminism has generally focussed on justice in marital relationships, but has been surprisingly reticent on issues concerning freedom. This demand, which marks a welcome beginning, needs to be augmented with one for a prohibition on discrimination based on marital status. Thirdly, there have been recent reports of some Muslim women insisting upon additional terms in the nikahnama to safeguard their rights. Muslim law views marriage as a contract rather than a sacrament. As such, it gives the parties freedom to negotiate their respective rights and obligations, over and above the legal prescription. Any secular uniform civil code cannot but formulate marriage in a similar, contractual, fashion.

... contd.