MUMBAI: The state government has come up with a draft of the proposed Boudha (Buddhist) Marriage Act 2017, which lays down the process to be followed by the Buddhist community while solemnising marriages with its own traditional rituals. The draft, however, does not touch upon divorce, maintenance and property issues, and there is no clarity on inter-caste marriages either.
The draft was recently uploaded on the state government’s website and suggestions and objections invited. However, it has so far got a very poor response from the public, said a senior official from the social justice department. People can make suggestions or objections till June 13.
TOI had in May 2015 reported the state government was considering a separate Buddhist Marriage Act. The community has been demanding such an act since 1957, after Dr
Babasaheb Ambedkar converted to the faith on October 14, 1956 in Nagpur. The demand got a push after the marriage of a Buddhist couple done with Buddhist rituals, which was challenged in the Bombay high court (Nagpur bench), was held invalid in 1972. “Two other cases also created doubts in the minds of people about the validity of marriages performed with Buddhist rituals. So the demand was made that either the Hindu Marriage Act should be amended or a new act drafted,” an official said.
A committee led by C L Thool, former judge and chairperson of the state SC-ST commission, prepared the draft.
RPI (Athawale) leader
Avinash Mahatekar said the draft should have included matters like divorce, maintenance, registration, inter-caste marriage and property issues. “It should be complete with all provisions, not one that needs amending every other year,” he said.
Thool, however, said that provisions on adoption, succession and divorce exist in the Hindu Marriage Act, which is applicable to all religions. “The draft act has been framed on the basis of Dr Babasaheb Ambedkar’s writings on the marriage rituals to be performed and points to the existence of a separate act for Buddhists,” Thool said.
An expert felt that the legislation would lead to more complications in divorce cases. “There is already the Hindu Marriage Act and Special Marriage Act that talks about divorces,” said Prasad Gajbhiye, an advocate in the family court. The other fallout, he said, could be that people of other religions may also demand a separate marriage act.
