The Special Marriage Act of 1954 (SMA) is a civil law that governs marriages that are sanctioned by the state instead of religion in India. The law was enacted by the Indian Parliament to provide a legal framework for interfaith or inter-caste marriages, enabling couples to marry without giving up their individual religious identities or resorting to religious conversions. The law applies to people of all faiths, including Muslims, Hindus, Sikhs, Christians, Jains, and Buddhists living across India.
Objectives of the Special Marriage Act
The objective of the Special Marriage Act is to provide a legal framework for civil marriages in India, enabling individuals to marry outside their community or religion without losing their identity. The law aims to ensure that individuals have the freedom to choose their partners without any fear of discrimination or coercion. It also seeks to promote social integration and national unity by encouraging interfaith and inter-caste marriages.
Provisions of the Special Marriage Act
The Special Marriage Act provides several provisions for couples who choose to marry under this law. The minimum age for marriage under the SMA is 21 years for males and 18 years for females. Both partners must provide notice of their intention to marry at least 30 days before the wedding date. During this time, objections can be raised by anyone against the marriage, and an inquiry can be conducted to ensure that the marriage is not being conducted under coercion or fraud.
The Act also provides for a special marriage officer who is responsible for solemnizing the marriage. The officer can be appointed by the government and is authorized to register the marriage and issue a marriage certificate. The marriage certificate is a legal document that serves as proof of marriage and is required for several purposes, such as applying for passports or visas.
Section 19 of the Act allows a member of an undivided family to sever their ties with the couple. This would impact certain rights, like the inheritance of individuals choosing to marry under the SMA. However, it also ensures that no member of the family can be held responsible for the couple’s actions after marriage.
Benefits of the Special Marriage Act
The Special Marriage Act has several benefits for couples who choose to marry under this law.
- Firstly, it enables couples to marry outside their community or religion without losing their identity. This is especially important for individuals who wish to retain their cultural and religious beliefs and practices.
- Secondly, the Act provides a legal framework for civil marriages, which can help to prevent discrimination and coercion. This is especially relevant in a country like India, where interfaith and inter-caste marriages can still be met with social stigma and hostility.
- Thirdly, the Act ensures that individuals have the freedom to choose their partners and start a new life together without any fear of social or legal repercussions. It also promotes social integration and national unity by encouraging interfaith and inter-caste marriages.
