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registration of marriages, arguing that a large number of Muslims in India were illiterate and
might not be able to abide by the law. Women activists, on the other hand, advanced the very
same reason in favour of a compulsory registration of marriages in order to protect the legal
status of women and they subsequently set up parallel Muslim women personal law boards. They
pointed out that women within religious minorities suffered from multiple discrimination, both
as a religious minority and due to their gender within their own community. They argued that the
secular nature of the state must also apply to women, while still respecting religious rights of all
individuals, and that the option of invoking alternative secular family laws was not sufficient
since most women remain disempowered and the ultimate decision of selecting a legal system
did not effectively lie with them. In addition, men mostly prefer to register their marriages under
personal laws because of the preferential treatment they are entitled to under these laws
especially in matters of inheritance.
56. Some Indian states have enacted laws to make the registration of marriages compulsory,
yet there is no national legislation to this effect. In this regard, the Special Rapporteur would like
to refer to the concluding comments of the Committee on the Elimination of Discrimination
against Women, in which it expressed concern “that failure to register marriages may also
prejudice the inheritance rights of women” (A/55/38, para. 62) and recommended that “the State
party take proactive measures to speedily enact legislation to require compulsory registration of
all marriages, work with states and union territories to effectively implement such legislation and
to consider withdrawing its reservation to article 16 (2)” of the Convention on the Elimination of
All Forms of Discrimination against Women (A/62/38, para. 196).
57. During her visit, the Special Rapporteur also received reports of violence and rape, for
example in Uttar Pradesh, as a reaction to cases of intermarriage between believers of different
religions or castes. Acts of violence continue to occur while perpetrators are dealt with some
sympathy by the law enforcement agents. This bias is deep-rooted in certain sections of society
and it makes the protection of the victims even more difficult. In this regard it seems important
to apply a gender perspective and to protect women effectively against any forms of violence or
discrimination.
58. The visual arts industry seems to face difficulties when producing films which deal with
cases of intermarriage, especially when the movie’s story involves a Muslim woman who would
like to marry a Hindu man. The Special Rapporteur was informed that some films are effectively
censored or even banned by non-State actors due to intimidation and mob pressure. Regrettably,
professionals of the visual arts industry seem to routinely seek the approval of self-appointed
custodians of religious sentiments before finalising a film which touches upon communal issues.
A number of film producers and directors confirmed to the Special Rapporteur that they felt
compelled to get their scripts cleared by a Hindu leader in Mumbai in order to avoid subsequent
mob violence. This shows how religious intolerance might adversely affect cultural and
commercial activities. At the same time, culture and media may be used as powerful tools to
foster mutual tolerance, respect and understanding. The Special Rapporteur would like to
emphasize that there are a number of positive examples where Indian films contributed to public
education with regard to religious tolerance and inter-communal harmony.