Most people who know me knows I am an atheist. I have this colleague, a Tam Brahm, religious and traditional to the core. Ever since I have come down from Delhi to join this place as his colleague he is being disturbed by many a cultural and moral shocks.

 

Good thing about him though is, that he only looks at me as this strange creature from outer world but apparently considers me harmless. Like jaado, am a good Martian to him. Unlike those freaks who were scaring the hell out of Tom Cruise and his daughter.

 

He is convinced I pose no threat to his culture since I am just a lost alien pondering about in his little world. Unlike many custodians of tradition, he doesn’t think he must protect his tradition from being polluted by me. (He has no idea )

 

He is quite curious, about what I think and why I think on certain issues. So, today he asked me an interesting question. He said, “What is your religion.” We were having coffee, I was off guard. I casually answered, “am a Hindu.”

 

He knew my answer already, coz his next statement, like a canon was just waiting to be shot. “How can you claim you are an Hindu if you call yourself an atheist.”

 

My answer, “I can’t.”

 

As an atheist I cannot have a religion. Not at least those religion which we find in common parlance. I could however fancifully say feminism / humanism / communism / socialism is my religion.

 

Technically, since I was born to Hindu parents I am a Hindu. But in my pursuit of life religion has no role to play. So I won’t ever claim I am a Hindu.

 

Technically, who is a Hindu?

 

The Hindu Marriage Act (HMA) is the only Law in the country which to a very narrow extent, only for a narrow purpose, defines a Hindu. Per Section 2 of the Act, anybody who is born to Hindu parents, raised in Hindu customs is considered a Hindu and includes a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj. The Act, even though is called ‘Hindu’ marriage act, applies to Buddhist, Jaina or Sikh and to any other person domiciled in this country (some exceptions) who is not a Muslim, Christian, Parsi or Jew.

 

This classification of being Hindu is only for the purpose of marriage, divorce property etc. Only in these personal matters do we have religion playing a role. Marriages solemnized under HMA have also to be divorced (when required) as per the procedure laid down in the same Act.

 

As an atheist this is where I would contest. If I ever think of getting married, I would marry under the Special Marriage Act, 1954 there by ending the religion that I have been carrying due to reasons of my birth.

 

The SMA is a special law which is free of all religion. The act doesn’t talk about any religion. It is applicable on any two people within the area to which it extends (which means India, except Jammu and Kashmir). Two people even if they are of the same religion may chose to get married under this law.

 

Under this law, marriages can be solemnized in any which way you may want, in any damn place you wish to (at a reasonable distance from the marriage officer’s office) You might just get married by a kiss, by exchanging garlands, by opening a bottle of wine, by simultaneously poking each other on facebook, whatever. There is just one condition, both parties would have to say these words in front of the marriage officer, “I take thee as my lawful wife / husband.”

 

Marriages done under this act are to be divorced as per the procedure laid in this same act. Which means a Muslim couple marrying under this law would no longer be governed by the Muslim personal law for divorce or property matters.

 

Children born to a couple married under this law wouldn’t have any religion by birth. They would have the religion in which they would be brought up. If they are brought up by atheist parents, atheism would be their religion.

 

When I first learned about it, I liked this law a lot. On the face of it, it looked like a progressive one. Then I read Section 19 of the Act.

 

Secition 19 – “Marriage solemnized under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion shall be deemed to effect his severance from such family.”

 

I wonder why this provision is there. What significance has it got except strongly reflecting upon the idea that to think of getting married in any other way than what your religion allows you is a moral sin, an unthinkable act. None of the personal law allows an inter religion marriage.

 

So go fall in love with one outside your religion, get married under Special Marriage Act and get officially declared as an atheist who is disowned by family.

 

May be I should file a writ to declare the section as unconstitutional being against the spirit of freedom to follow any religion of choice.