Christian Personal Law: An Overview

The Christians who constitute 2.32 per cent of the total Indian population (1991 Census) belong to three different traditions — the Orthodox churches of west Asian traditions, the Roman Catholic Church, and the various reformist churches of Protestant traditions. The laws governing the Christian communities have three distinct sources, i.e. the statuses enacted by the British in the 19th century, the Civil Code introduced by the Portuguese and the French within their colonies and the local customary laws.

The situation of the Christians and their laws in British India in the 19th century was quite complicated. First of all, it was not determined what kind of legal rules should be applied to them and their children. They were mostly converts from Islam or Hinduism, and the courts could no longer apply to them the laws and customs of their previous religions. What is more, they also were not British, so it was impossible to apply English law in the matters of marriage, inheritance, etc. Moreover, there is no Christian religious law in the same sense as we understand Hindu religious law or Muslim religious law, which makes the situation of converts incredibly uncertain. Because of that, Indian Christians found themselves in a legal vacuum, which resulted in the need to find a solution.

History of Christian Personal Law

In the lives and legal system of Christians in India, "custom" is significant. A group of Christians in Malabar are referred to as Malankara Jacobite Syrian Christians. This neighbourhood can be traced back to 52 A.D., when St. Thomas, one of Jesus Christ's disciples, arrived in Malabar and founded the local church. They are subject to the Hudaya canon, which is a codification of all of their traditions. Other subgroups of Syrian Christians can be found in Kerala and other parts of India. In the 16th century, the Portuguese were successful in establishing Roman Catholic churches in the western regions of India (Goa, Daman, and Diu).

As a result, the customary procedures regarding marriage and divorce, succession, and inheritance followed by their churches were codified (the Code of Canon Law) and put into effect. These canonical customary regulations were followed by Christians in all of India's churches while it was under British rule, and they were modernised with the passage of two specific pieces of legislation: the Indian Divorce Act of 1869 and the Indian Christian Marriage Act of 1872. Christians view their marriages as sacramental, and divorce is not recognised in their customary rituals. The Divorce Act, 1869, is a codification of Christian divorce law. In 2001, this act was changed to allow for internal consent divorce.

The Supreme Court of India acknowledged this view of canonic law in Lakshmi Sanyal v. Sachit Kumar Dhar (1972). The Christians have historically adhered to local customary traditions in areas of succession and inheritance. The lineal primogeniture rule, according to which the deceased's eldest son would inherit his property, is frequently applied. Christians were not allowed to receive a piece of their late husband's estate. Christians in Punjab have traditionally adopted children as part of their religious practises.

There is also a Custom of Syrian Christians of Kerala for adoption of a son-in-law. Where there are no sons, the husband of the youngest daughter is taken in adoption. Many Christians in India, however, adopt Hindu Customs and practices. For example, the Christians of Coorg and Pondicherry have been practicing Hindu customs. Many convertees also in Jharkhand, Orissa, and in the North East practice Hindu customary rules.

Legislations on Christian Personal Law

Following are the major areas of legislation of Christian personal law

Legislation on Marriage

During the British era of administration in India, specific legislation pertaining to personal concerns was codified. The Christian Marriage Act defines a "Indian Christian" as a person professing the Christian faith, which includes both ordinary converts and Christian descendants of native Indians who converted to Christianity. Conversion does not result from baptism alone. A convert must confess Christianity in accordance with Christian customs in addition to being baptised. Christians are subject to numerous unique legal requirements. In the year 1872, the Indian Christian Marriage Act was codified.

This Act has consolidated and amended the laws relating to the solemnization of the marriages of persons professing the Christian religion in India. This Act has now been extended to Kanyakumari district and the Schencuttah taluk of the Tirunelveli-Kattabomman district of Tamil Nadu in 1995. The law on Christian divorce is codified by the name of The Divorce Act, 1869. This Act has been amended in 2001 whereby divorce by mutual consent is allowed.

Legislation on Adoption

There is no specific legislation enabling or regulating adoption among Christians in India. Persons who wish to adopt a minor child usually approach the Court under the provisions of the Courts and Wards Act, 1890, to obtain an order of guardianship for the minor child. Orders under that, however, would not apply once the child becomes a major, thereby disentitling the child from the benefits enjoyed by an adopted son or daughter. This position has now been changed after the enactment of “Juvenile Justice (Care and Protection of Children) Act, 2000, read with the Guidelines and Rules issued by various State Governments under which now the Christians can also adopt children.

Legislation on Succession

So far as matters relating to succession are concerned, they are governed by the Indian Succession Act, 1925. This law governs intestate and testamentary succession of immovable property of Christians and Parsis. By virtue of the provisions of the Goa, Daman and Diu (Administration) Act, 1962, the Portuguese Civil Code is applicable in Goa. In Pondicherry, the French Civil Code still survives as per the provisions of the Treaty of Cession, 1956. Further, the Garos of Meghalaya are also not subject to this Succession Act. They follow their customary matrilineal system of inheritance.

Conclusion

The personal rules of the country's major religions are intimately linked to religion in India. The Constitution's equal protection clause inspired ideas of gender justice. Christian personal law is an unusual case because it was exclusively developed by the British, whereas Muslim, Hindu, and Parsi personal law are all different. When referring to their long-standing traditions, practises, customs, and religious scriptures, these groups may be compared to one another, although converted Christians faced very distinct challenges.

Frequently Asked Questions

Q1. What are the sources of Christian law?

Ans. Sources of Christian laws are the Scriptures, i.e., the Holy Bible; traditions; reasons; and precedents.

Q2. What is the Christian religious law?

Ans. Canon law is the body of laws and regulations made by or adopted by ecclesiastical authority for the governance of a Christian organisation and its members.

Q3. Who is a Christian in family law?

Ans. The term "Christian," according to Section 3, means persons professing the Christian religion, and "Indian Christian" includes the Christian descendants of native Indians who converted to Christianity as well as such converts.

Q4. Is personal law a law within the meaning of Article 13?

Ans. Personal laws are socio-cultural influenced "laws." As per Article 13(3)(a) of the Constitution, "law" includes any ordinance... "Custom or usage" having in the territory of India the force of law.