Metaverse Marriage - Is India Ready For This Techonological Advancement
Author: LawSphereX
Category: Family & Personal Law
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METAVERSE MARRIAGE: IS INDIA READY FOR THIS
TECHONOLOGICAL ADVANCEMENT?
Tanya Sagar, National Law University, Delhi
ABSTRACT
A unique combination of tradition and technology was demonstrated during the first metaverse wedding that took place on January 24, 2022, in India. The emergence of the metaverse represents a new evolution in virtual interaction, creating immersive digital environments that blend the lines between physical and virtual realms. This significant shift presents fresh challenges that legal systems globally, including India, are yet to confront and address. In this context, should we apply the current laws to address these issues, or should we establish new laws? This paper explores the challenges that the progressing metaverse presents to family law frameworks regarding marriage and existing traditional legal jurisprudence.
In addition, this paper highlights regulatory challenges, including ambiguities in jurisdiction, the execution of virtual agreements, and the protection of individual rights in decentralized and anonymous environments. Through the examination of case studies and global best practices that have recognized metaverse marriage, as well as how various nations are modifying and integrating their legal frameworks to either legalize or oversee metaverse marriages, this paper seeks to deliver an in-depth understanding of the regulatory deficiencies and suggest legal modifications to navigate the changing dynamics of metaverse marriages within the Indian legal framework.
INTRODUCTION
All of us must have during our school days written an essay on the topic ‘Technology: Boon or bane’ and most of us would have concluded the essay by saying that growing advancement in technology is a boon as it has made our life easier. However, if one were to write an essay today on the same topic, the opinion might be a little different as technology advancement without any proper laws has made our lives complex and it has led to innumerable crimes in the cyber space with which the country’s legal system is not well equipped to deal with. This is true not just for criminal acts and omissions, civil wrongs in cyber space have also become quite frequent as everything is dependent on technology.
Whatsapp and other document and photo sharing applications have become a part of our daily lives and now it is hard to imagine a world without it, it has become an indispensable part of our lives. Recently Supreme Court has announced that it will disseminate information regarding cause lists, case filings and case listings to advocated via Whatsapp messages1 Now even the Indian courts have started relying on technology for their daily functioning which has been seen as a welcome step as it has made the work of advocates much easier. A big fat virtual wedding represents an innovative way to blend rituals and traditions with technology. As the methods of interaction in the online space develop, “Dinesh Sivakumar Padmavathi” and “Janaganandhini Ramaswamy” from Tamil Nadu celebrated the first virtual wedding in India on January 24, 2022.
Rather than restricting attendance to 100 because of COVID, the couple welcomed 2,000 guests2. The couple found a venue free from limitations, the metaverse. Metaverse refers to a virtual three-dimensional space in which individuals can engage and explore. The groom, at 24 years old, is a blockchain and cryptocurrency aficionado who crafted a castle-like digital space inspired by Hogwarts for his wedding. A metaverse wedding might have seemed like a far-fetched concept before COVID-19, but now, with many events, meetings, and classes having moved online in the post-COVID era, the pursuit of the metaverse can be viewed as a more complex, intricate, yet seemingly equitable evolution. The development of a metaverse system necessitates the utilization of personal data for service 1 Supreme Court introduces Whatsapp updates for case alerts. Business Today Desk (2024, April 25).
Retrieved from https://www. businesstoday. in/india/story/supreme-court-introduces-whatsapp-updates-for-case-alerts- 426883-2024-04-25 2 Holland, O. (2022, January 24). My big fat digital wedding: Couple plan India’s ‘first metaverse marriage’. CNN. Retrieved from https://www. ndtv. com/offbeat/metaverse-wedding-inside-a-tamil-nadu-couples-weddingreception-in-metaverse-2753509 provision, a multitude of sensors, and an extensive array of software, which introduces complexities and potential legal ramifications. In a similar vein, in India, matrimonial legislation such as the Hindu Marriage Act of 1955, the Special Marriage Act of 1954, and Muslim Personal Law stipulate specific rituals, consent, and registration procedures to legitimize a marriage.
When considering metaverse marriages in the Indian context, significant challenges arise regarding regulations and legal recognition, as these marriages are not acknowledged under Indian law. Marriages in India already face numerous obstacles, and the integration of these with the metaverse presents an entirely new set of challenges in addition to the existing ones. The Central and State Governments of India possess the authority to issue directives regarding the exception or decryption of information for reasons about national security, sovereignty, and territorial integrity. Information contained within the metaverse is likewise subject to these regulations and will fall under governmental oversight.
Should this information be deemed a breach of public policy or a threat to national security, it may be subject to removal, and the responsible entity could face penalties under applicable laws. Establishing a legal framework for the metaverse will necessitate the integration of laws that balance fundamental rights, such as freedom of expression, with the imperative of safeguarding the public interest. To understand the evolution of metaverse marriage globally, we can look at examples like Ryan and Candice Hurley, who celebrated their wedding in Decentraland virtually, which was later legally recognized. Similarly, Traci and Dave Gagon planned a virtual wedding as well as an in-person wedding to get it legally recognized, which is very unusual in the United States. In a similar vein, Clarence Chan and Joanne's Singaporean wedding ceremony blended virtual and real elements.
India might look at foreign concepts to determine how to legalize these types of unions. This paper explores the difficulties associated with metaverse marriages within the context of family law, aiming to reconcile the necessity for governmental oversight to safeguard public interests and national security with essential individual rights, such as privacy and freedom of expression in virtual environments. By addressing potential legal, ethical, and security concerns and ensuring that these technological advancements are in line with contemporary matrimonial laws and societal values, the researcher's main goal was to propose a legal framework for the regulation and acceptance of metaverse marriages in India. The researcher will also examine how legalized and accepted metaverse weddings are in other countries. The way India handles these weddings can lead to metaverse marriages.
EXAMINING THE LEGAL CONVOLUTE: INDIA’S
CHALLENGES
WITH METAVERSE MARRIAGES Virtual reality has the power to blur the line between what’s real and what’s not. Although choosing metaverse weddings has benefits, such as avoiding problems with conventional marriages, a lack of venue possibilities, long wait times, and large parties, there are also serious legal considerations to take into account. These weddings must be registered after a virtual ceremony because they are not legally recognized in India3. Due to the absence of legal status in these relationships, disagreements over child custody and divorce may occur. The lack of established legal precedents for these kinds of unions makes it more difficult to resolve disputes resulting from unrecognized partnerships4.
Identity verification is a major problem in the metaverse; when participants engage in virtual wedding rituals, they do so via their digital avatars, making it difficult to confirm their identities. Conventional marriages, on the other hand, require individuals to be physically present, clearly identify the parties, and are recognized by the law, which lessens identityrelated problems. India’s rich fabric of cultural and religious diversity represents a vast array of feelings, opinions and beliefs. Every religion performs marriages in different ways, and every tradition has different standards for how marriages should turn out. It is challenging to create a universal law governing metaverse marriages because of its complexity. Establishing a legal framework that can be integrated into all religious marriage rituals and beliefs is imperative for governments and courts.
It will take time to develop a single civil code that incorporates all religions and promotes a core philosophy that guarantees women's and children's equality. Any Indian citizen, regardless of religion, would be subject to a set of uniform rules pertaining to personal affairs such as marriage, divorce, adoption, and inheritance under the proposed Uniform Civil Code (UCC). In terms of personal legislation, the current situation is as follows: Hindu personal laws, which also applied to Sikhs, Jains, and Buddhists, were passed by the Indian Parliament in 1956. This 3 Kochhar, A. (2023, February 26). Are metaverse weddings the next big thing? Moneycontrol. Retrieved from https://www. moneycontrol. com/news/trends/lifestyle/are-metaverse-weddings-the-next-big-thing- 10162761. html
4 Ibid
code consists of four components: “The Hindu Marriage Act of 1955”, “The Hindu Succession Act of 1956”, The Act on “Hindu Minority and Guardianship” from 1956, and The Act on “Hindu Adoption and Maintenance” from 1956. On the other hand, the 1937 “Shariat Law” governs all facets of personal law for Indian Muslims. Personal law differs across religions, leading to a lack of a universal legal framework for recognizing marriages, which results in complications involving various laws for each faith. The issues outlined below pertain to marriages within the metaverse.
MARRAIGES IN THE METAVERSE AND LEGAL
CHALLENGES
IN INDIA ACROSS DIFFERENT RELIGIONS a. Hindu Marriages - Traditional Ceremonies like saptapadi, which involve seven steps around the sacred fire and even the other rituals along with saptapadi something recognized by law under the Hindu Marriage Act,1955 and Hindu society and beliefs. This ritual is essential in Hindu marriages and in the context of the metaverse, which will take these rituals to make the marriages recognized is a question of the authenticity of belief and validity. Like virtual fire taking the place of scared fire and the representative of the groom and bride, it seems to question all customs and ideologies that turned into law. This substitution is a major gap in the acceptance of metaverse marriages among Hindu marriages. b.
Muslim Marriages- Marriage (Nikah) is a contractual agreement that necessitates an offer (Ijab), acceptance (qubul), the presence of two adult witnesses, and payment in Islam. Muslim personal law permits the use of technology to enable nikah, such as video conferencing, provided that the stipulated conditions are met during its application. However, when it comes to metaverse marriages, where avatars replace physical presence, it may not satisfy the requirement of having witnesses, which is essential for the offer and acceptance to be recognized in their presence. Additionally, it raises concerns regarding the authenticity of identities. c. Christian Marriages- According to the Christian Marriages Act of 1872, it is imperative for marriages to be solemnized by a licensed Minister of Religion or Marriage Registrar with a minimum of two witnesses present.
Moreover, these unions must transpire in churches or other authorized locations. In contrast, marriages conducted in the metaverse occur in a virtual environment and do not fulfil the physical location requirements stipulated by Christian marriage laws, nor do they adhere to the established practices of Christian ceremonies. d. Interfaith and Civil Marriages - The Special Marriage Act of 1954 governs civil unions and marriages involving individuals from different religions. It stipulates a mandatory notice period, the physical presence of both parties at the ceremony before a Marriage Officer, and the attendance of witnesses. While this legislation provides enhanced flexibility regarding religious customs, the requirement for physical presence during both registration and the ceremony constitutes a significant impediment for marriages conducted in the metaverse.
1. Legal and Regulatory Issues
a. Security and Privacy - Encouraging the metaverse through marriage could ultimately pose risks to security and privacy, given the inherent issues of the metaverse itself. Allowing users access to a platform will enable them to take advantage of a wide range of private information. AR-VR devices collect personal biological data, environmental data, and additional personal information. Moreover, biometric data, categorized as "sensitive personal data" according to IT regulations5, were also collected. b. Liability of Enforcement- Pseudonymity presents a challenge in blockchain technology within the metaverse, where individuals' digital personas are recognizable but their true identities remain difficult to ascertain. This creates an identity concern in a metaverse wedding, as it is uncertain who operates the avatar during the ceremony. This complicates law enforcement. c.
Jurisdiction issues - People from many countries and backgrounds use Metaverse, which is a vast and limitless space. When issues involving people from several countries emerge, it is difficult to determine jurisdiction and apply the laws of certain countries. Which countries' national laws determine whether marriages in the metaverse are legal? As a transcending virtual world, Metaverse presents serious regulatory issues
5 Ministry of Communications and Information Technology. (2011). Information Technology (Reasonable
Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. Retrieved from https://www.meity.gov.in to several government agencies. The uncertainty of legal systems and the presence of people from many legal systems are significant difficulties; weddings in this area also need to be acknowledged because they may affect matters such as divorce and child custody. Legal frameworks must change to reflect changing conditions, incorporating different provisions to handle new issues and provide answers for the worldwide.
2. Virtual vows and their international legitimacy
The potential recognition of metaverse marriages by the evolving legal system presents numerous fascinating questions. In fact, grasping the legal ramifications of a virtual wedding ceremony can be complex. For those wondering if their metaverse union will stand the test of time and legal scrutiny, the answer is likely "it depends. " While some nations are starting to consider this idea, the legal status of virtual weddings remains unclear. Consequently, a marriage conducted in the metaverse might not be legally binding despite its virtual occurrence. Marriages performed in the metaverse are becoming more and more popular in nations like the US and Singapore. Singapore's Second Minister for Law, Edwin Tong, proposed that legal services, including marriage ceremonies, might be held in the metaverse, indicating a possible openness to virtual weddings.
We may observe that there is growing interest in metaverse weddings, which may lead to widespread adoption in many countries6. Even though they are not commonly accepted, some virtual marriages might help legalise metaverse weddings. U. S. churches allow online marriages, but with restrictions that require couples and officiants to use video conferencing systems that allow for real-time visual and audio contact without any visual alterations like animated avatars or filters. Platforms used for metaverse weddings are therefore prohibited. Couples must use a webcam to show the officiant a government-issued photo ID, and the parties must be physically present in the state where the marriage licence was issued7.
A virtual reality wedding ceremony, officiated by an associate justice of the Arizona Supreme Court, took place using the Ethereum blockchain technology and was attended by 2,300 people. Ryan and Candice Hurley, who had previously married in person 14 years earlier, chose this metaverse ceremony to reinforce their union on the blockchain. It is likely that numerous 6 Newar, B. (2022, July 20). Marriages and court cases can be held in the Metaverse. Cointelegraph. Retrieved from https://cointelegraph. com/news/marriages-and-court-cases-can-be-held-in-the-metaverse 7 Levey, J. (2021, November 11). Can you legally marry someone in a video game? The AMM. Retrieved from https://theamm. org/articles/975-can-you-legally-marry-someone-in-a-video-game individuals who exchanged vows in the metaverse either before or following this event had their relationships legally documented.
However, their metaverse ceremonies were viewed merely as symbolic representations of their unions and lacked official legal recognition8. Although metaverse marriages are still in the early stages of securing legal recognition in any country, there are instances in which virtual marriage ceremonies occur prior to obtaining a legal license. However, it is inaccurate to state that this is impossible. In the future, governments and legal systems worldwide may develop legal frameworks that recognize virtual marriages, potentially leading to the creation of online marriage licenses issued by authorized entities. As the metaverse becomes more integrated into our daily lives, this can become the norm. Varying states in the US have varying laws regarding the legality of blockchain-based marriage contracts.
Blockchain legislation and smart contract laws that have been put into effect in several states may apply to marriage contracts. For instance, since Wyoming has acknowledged the validity of smart contracts, it may permit blockchain-based marriage contracts. These legislative modifications show that combining technology and conventional legal procedures is becoming more and more accepted. India might investigate potential changes to its legal systems to allow metaverse weddings while maintaining its legal and cultural values by examining cases from other countries9.
CONCLUSION
Through the research it has been analysed that the metaverse is a complex domain. Its three core components are presence, interoperability, and standardization. Presence involves the sensation of immersion or virtual embodiment, whereas interoperability refers to seamless and effortless movement within the digital space and among virtual entities. Interoperability is not a new concept; it has become a standard practice, as illustrated by the utilization of avatars in zoom meetings or the application of virtual currencies. Standardization facilitates 8 Marathe, I. (2022, February 10). Metaverse marriages pushing attorneys to think outside the box about contract law. Legal Tech News. Retrieved from https://www. law. com/legaltechnews/2022/02/10/metaverse-marriagespushing-attorneys-to-think-outside-the-box-about-contract-law/ National Conference of State Legislatures. (2022).
Summary Blockchain Legislation. https://www. ncsl. org/financial-services/blockchain-2022-legislation interoperability by providing a structured framework for offering services within the metaverse10. When we look at laws related to the changing IT world, we find that there are laws that are designed to regulate things while still attempting to uphold certain other rights. The metaverse is a new concept that has been introduced to the human world, and it has many problems that are developing along with it, such as context explicit issues, data privacy, and identity. Because of the size of the virtual world and the difficulty of managing everything, the Indian government has taken some action. To ensure uniform practice, the government implemented “The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules” on February 25, 2021.
The primary aim of this regulation was to safeguard users against various forms of harmful content. For example, this legislation requires social media platforms with over 5 million registered users to create tools and systems that can proactively identify and eliminate content that may negatively impact users' mental health, which they must adhere to11. This represents a significant advancement in the effective regulation of data within the existing framework of the “Information Technology Act, 2000”, and the “IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011”. Legislation restricts Article 19 of Indian Constitution freedom of speech and expression, while also promoting a secure and safe environment. It is essential to categorize potentially removed information differently.
Misclassifying content can lead to disputes and may be seen as a serious breach of the legal system. Therefore, the presence of laws offers a valuable direction for the metaverse universe; however, various challenges must still be addressed to progress in this digital era. The concept of metaverse marriages brings forth various difficulties, since there is no universal personal law that applies to all religions, making it difficult to establish metaverse regulations that can harmoniously align with each belief system. Recently, there have been a few exchange marriages in India; however, for their union to be recognized, they ultimately submitted their case to the court. Consequently, while people can celebrate their marriage in the metaverse, they are required to either register it or wear it in accordance with traditional standards.
It will take time to develop a single civil code that respects all religious 10 Vijay Pal Dalmia (2021, December 15). Metaverse: Indian Law & An Intricate Controversial Universe. Retrieved from https://www. linkedin. com/pulse/metaverse-indian-law-intricate-controversial-universe-dalmia/.
11 Ibid
convictions and cultivates a core ideology that guarantees equality for women and children. Every Indian citizen, regardless of faith, will be subject to a uniform set of rules pertaining to private affairs including as marriage, divorce, adoption, and inheritance under the proposed Uniform Civil Code (UCC). When it comes to personal laws, the Indian Parliament passed Hindu personal laws in 1956, which also apply to Sikhs, Jains, and Buddhists. However, other countries' increasing acceptability and popularity of metaverse marriages suggest that India needs to take deliberate measures to manage this inevitable nexus between tradition and modern technology. Marriages in the metaverse pose significant legal challenges.
The need for a thorough legal framework is highlighted by difficulties including identity verification, jurisdictional problems, privacy concerns, and the absence of legal recognition under personal and civil statutes. The unique requirements and complications of virtual unions are not sufficiently addressed by the legislation now in place, such as the Hindu Marriage Act, Muslim Personal Law, Christian Marriage Act, and Special Marriage Act. However, the increasing popularity and acceptance of metaverse marriages in other countries suggests that India must proactively confront the inevitable intersection of modern technology and customs. Marriage in the metaverse presents significant legal challenges.
Challenges include identification verification, jurisdictional issues, privacy concerns, and the absence of legal recognition in personal and civil laws, highlighting the need for a complete legal framework. The unique requirements and complications of virtual partnerships have not been sufficiently addressed by current laws, such as the Hindu Marriage Act, Muslim Personal Law, Christian Marriage Act, and Special Marriage Act.