The Special Marriage Act, 1954 (SMA) of India is a secular personal law providing an alternative route to religious laws for marriage between individuals from different faiths. This act, similar to the UK’s Marriage Act of 1949, is a significant legal framework promoting civil marriages sanctioned by the state, not religion.
Understanding the Special Marriage Act 1954
The SMA, enacted in India in 1954, enables marriage between people belonging to distinct religions or castes. This act governs civil marriages, where the institution of marriage gets recognition from the state instead of religion. The Indian system reflecting this civil and religious marriage mechanism mirrors the UK’s Marriage Act of 1949.
Key Provisions of Special Marriage Act
The SMA applies to all faiths across India, including Hindus, Muslims, Sikhs, Christians, Jains, and Buddhists. It ensures the registration of marriages, giving them legal status and offering multiple legal benefits. These encompass inheritance rights, succession rights, and social security benefits. Although it prohibits polygamy, it does invalidate marriages if parties lack valid consent due to unsoundness of mind or if either party had a living spouse at the time of marriage. Section 5 requires parties to submit a written notice to the District’s Marriage Officer, with at least one party living in the district for a minimum of 30 days preceding the notification date. As per Section 7, any person can object to the marriage within 30 days of the notice’s publication. The SMA underlines the minimum age for marriage as 21 years for males and 18 years for females.
Comparison with Personal Laws
Distinct from personal laws like the Muslim Marriage Act, 1954, and the Hindu Marriage Act, 1955, the SMA doesn’t necessitate conversion of either spouse to the other’s religion before marriage. It permits inter-faith or inter-caste couples to marry without surrendering their religious identity or resorting to conversion. However, post-marriage under the SMA, an individual is considered severed from family rights, including inheritance rights.
Challenges Associated with the Special Marriage Act
The SMA’s provision inviting objections to marriages often leads to harassment of consenting couples, delaying or preventing their marriage. In January 2021, the Allahabad HC declared that couples electing for marriage under the SMA can opt not to publish the mandatory 30-day notice of their intent to marry. There are also concerns related to privacy violation due to the requirement of notice publication that reveals personal information concerning the marrying couple. Moreover, there remains a social stigma linked to inter-caste or inter-religious marriages, and couples opting for the SMA often confront discrimination from their families and communities.
Suggested Improvements
To facilitate the utilization of the SMA, the government could simplify the associated processes. The requirement for a 30-day notice period has been a contentious issue leading to third-party interference or harassment. Its removal or optional enforcement in specific scenarios could be considered. Furthermore, to enhance SMA awareness, efforts could be intensified, especially in rural areas where such awareness is typically meager.
The Special Marriage Act, serving as the bridge between diverse religions and castes, plays an invaluable role in upholding India’s secular fabric.
