The Special Marriage Act (SMA), enacted in 1954, is a key piece of legislation related to inter-faith and inter-caste marriages in India. Its main purpose is to validate and register these types of marriages, allowing two individuals to formalize their union through a civil contract devoid of religious formalities. The law encompasses marriages amongst Hindus, Muslims, Christians, Sikhs, Jains, and Buddhists, and applies to Indian citizens with diverse religious affiliations or caste background in India and abroad.
Controversy Surrounding the SMA
Recently, the SMA has come under scrutiny, following petitions filed in the supreme court challenging several of its provisions in 2021. The bone of contention lies within Sections 5, 6, and 7 of the act. These sections require notification of an intended marriage to be posted at the marriage officer’s office and allow objection to the marriage from any party within 30 days of the notice’s publication. Many interfaith couples have contested these sections, citing infringements on personal liberties.
Interfaith Marriages: A Brief Overview
Interfaith marriages refer to matrimonial alliances between individuals of different religious faiths. While choosing to marry someone from a different religion is entirely a matter of personal choice for adults, it does come with its own set of complications and controversies.
Issues Associated with Interfaith Marriages
Critics argue that interfaith marriages often result in forced religious conversion, predominantly affecting women. As per Muslim Personal Law, marrying a non-Muslim mandates the latter to convert to Islam. Moreover, the Hindu religion permits only monogamy; individuals seeking a second marriage tend to opt for another course. Other concerns include the lack of clear guidelines on the caste status of children born from such unions and incompatibility of the SMA with societal norms. There’s also ongoing debate concerning the applicability of Article 226 in annulling interfaith marriages.
Fundamental Rights and Interfaith Marriages
Legal interference in an individual’s choice of marriage is argued to violate various fundamental rights enshrined in the constitution, including the right to equality (Article 14), right to freedom & personal liberty (Article 19), freedom of religion, and right to life (Articles 25 and 21). Moreover, such intervention runs contrary to the principle of secularism, a cornerstone of the Indian constitution.
Supreme Court’s Stance on Interfaith Marriages
The Supreme Court has made key judgments supporting personal liberties in matters of interfaith marriages. In the Shafin Jahan v Ashok KM (2018) case, it upheld the right to marry a person of one’s choice as part of Article 21. The Court noted that the constitution safeguards each individual’s ability to pursue a lifestyle or faith of their preference. Furthermore, in the K.S. Puttaswamy v UOI (2017) case, the Court recognized the “right of choice of a family life” as a fundamental right.
Interplay of Patriarchy and Law
Several laws, including those pertaining to interfaith marriages, reflect elements of patriarchy. In such cases, women are often treated as minors, subjected to control by parents and community, and denied the right to make life-impacting decisions if they are not in line with guardian preferences.
Future of Interfaith Marriages
To better respect individual liberties and uphold constitutional rights, there needs to be broader acceptance of interfaith marriages and the SMA at the societal level. Misuse of religion for marriage should be discouraged. It is essential to continue the discourse to promote understanding and acceptance of these unions within society.