Personal Law in India: Why Marriage and Inheritance Rules Vary by Religion

One of the more distinctive features of the Indian legal system, and a recurring subject of comparative family law scholarship, is that marriage, divorce, inheritance, adoption, and maintenance are not governed by one uniform civil code. Instead, each major religious community is largely governed by its own personal law in these areas.

The main personal law statutes

Hindus, Buddhists, Jains, and Sikhs are governed primarily by the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, and related statutes. Muslims are governed largely by uncodified Muslim personal law (Sharia), applied through the Muslim Personal Law (Shariat) Application Act, 1937, alongside specific codified statutes like the Muslim Women (Protection of Rights on Divorce) Act, 1986. Christians are governed by the Indian Christian Marriage Act, 1872 and the Indian Succession Act, 1925 (which also applies as a residual law for others). Parsis have their own Parsi Marriage and Divorce Act, 1936.

The Special Marriage Act as a civil option

The Special Marriage Act, 1954 allows any two people, regardless of religion, to marry under a single secular civil law rather than their respective personal laws, the closest India comes to a uniform marriage framework, though it remains an opt-in alternative rather than the default.

The Uniform Civil Code debate

Article 44 of the Constitution, a non-justiciable Directive Principle, directs the state to “endeavour to secure” a Uniform Civil Code (UCC) for all citizens. Whether and how to implement a UCC remains one of India’s most politically and socially contested legal questions, with Goa currently the only Indian state operating under a de facto uniform civil code dating back to Portuguese colonial law. The debate sits at the intersection of gender equality concerns, religious minority rights, and federalism, making it a frequently chosen topic for comparative family law and constitutional law papers.

For a current-affairs grounded treatment of this debate, Lexfolio’s LJLPS journal is open to submissions on personal law reform and comparative family law topics.