The Special Marriage Act (SMA), 1954, a critical piece of legislation governing personal liberties and fundamental rights in India, has come into focus due to a recent Supreme Court decision. This article provides an in-depth analysis of the SMA and its contentious provisions, highlighting the recent legal challenge and the implications it carries for individual privacy and personal liberties.
The Recent Case and its Implications
Recently, the Supreme Court dismissed a writ petition challenging provisions of the SMA, 1954 which mandates couples to publicize their intent to marry 30 days prior. The petition was rejected on grounds that the petitioner, having already solemnized her marriage under SMA, was no longer considered aggrieved.
The petitioner had challenged specific provisions of the SMA, calling them violative of the right to privacy guaranteed under Article 21 of the Constitution. The argument put forth was that these provisions indirectly contradicted both Article 14 (right to equality) and Article 15 (prohibition of discrimination based on religion, race, caste, and sex), considering such requirements are absent in personal laws.
Challenged Provisions of the SMA: Concerns over Privacy and Discrimination
Section 5 of the SMA requires couples intending to marry under this law to give a notification to the Marriage Officer 30 days in advance. The petition sought the striking down of subsequent provisions mentioned in Section 6 to Section 10 due to similar concerns.
These sections involve process such as maintaining a Marriage Notice Book open to public inspection, processing objections, and following an inquiry procedure post objections. The petitioner argued these make personal information of individuals vulnerable to public scrutiny, thus violating one’s control over personal information and its accessibility.
The petition highlighted how these public notices have been misused by anti-social elements to harass couples. Instances were shared where marriage officers extended beyond their mandate, notifying parents and leading to confinement of brides at their homes.
Understanding the Special Marriage Act (SMA), 1954
The SMA, 1954 is a parliamentary act providing provision for civil marriage for all Indian citizens, regardless of their religious beliefs and country of residence. It offers an alternative to personal laws like the Hindu Marriage Act, 1955, and the Muslim Marriage Act, 1954.
The SMA enables individuals from different religious backgrounds to unite in marriage. It outlines both the solemnization and registration process for marriages where either or both parties aren’t Hindus, Buddhists, Jains, or Sikhs. As a secular Act, it plays a pivotal role in liberating individuals from traditional marriage requisites.
Key Provisions of the SMA
As per Section 5, couples intending to register their marriage under the SMA need to provide a notice along with relevant documents to the Marriage Officer 30 days before the intended date. Both parties are required to be present post document submission for public notice issuance inviting objections. Registration is completed 30 days post the date of initial notice after considering any received objections. Both parties and three witnesses are mandated to be present on the registration date.
