Special Marriage Act, 1954
Special Marriage Act, 1954
Special Marriage Act, 1954
Challenging the Special Marriage Act, 1954
GS paper 2 Syllabus:Social empowerment, Government policies and interventions for the development of the social sector and issues arising out of it,
special marriage Act etc – The SMA is a law which allows the solemnization of marriages without going through any religious customs or rituals.
People from different castes or religions or states get married under SMA in which marriage is solemnized by way of registration.Special Marriage Act (SMA), 1954 requiring couples to give a notice declaring their intent to marry 30 days before their marriage.
Article 21: This provision in the act violates the right to privacy of the parties.
Article 14:The requirement violates the right to equality under Article of the Constitution since no other laws prescribe such a requirement.
Section 5 of the SMA :It requires couples getting married under it to give notice to the Marriage Officer 30 days before the date of marriage. Section 6: notice to be entered into the Marriage Notice Book .
Section 7: process for making an objection , e.g. due to “unsoundness of mind” , mental disorder etc
Section 8: an objection has been submitted.
No-objection certificate: In certain States, couples have to seek a no-objection certificate from their parents.
Love Jihad law: 11 State passed anti-conversion laws. example: Uttar Pradesh, Madhya Pradesh etc
Harassment by anti-social elements: Public notices have been used by anti-social elements to harass couples getting married.
Officers’ incompetence: There have been instances, where marriage officers have gone over and beyond the law and sent such notices to the parents of the couple.
Example: Muslim woman in Delhi being confined to her house by her parents in March 2020.