WHAT IS SPECIAL MARRIAGE ACT?

The special Marriage Act 1954 is made to validate and register interreligious and inter caste marriages in India. It allows two individuals to solemnise their marriage through a civil contract. No religious formalities are needed to be carried out under the Act.

Act includes Hindus, Muslims, Christians, Sikhs, Jains, and Buddhist marriages.

The Act also applies to Indian nationals living abroad.

IMPORTANT SECTIONS

Section 5 of the act says a person marrying under this law has to give a notice of intended marriage.
Section 6(2) says it should be affixed at a conspicuous place at the office of the marriage officer.
According to section 7(1) of the section any person can object to the marriage with in 30 days of the publication of the notice, falling which a marriage can be solemnised under section 7(2).

INTERFAITH MARRIAGES

When the marriage happens between two individuals belonging to different religions.
Even though marrying into different religion is a matter of choice for an adult, there are certain issues regarding the same.

ISSUES

Interfaith marriages are often considered as a tool for forced conversion of one of the spouses(mostly women).
As per the Muslim Personal Law , in order to get married to a non Muslim , conservation of religion is the only way.
Hindu religion allows monogamy and those who want to marry a second time take another course.
There is no provision dealing with the caste determination of children born out of such marriages.
The act is not compatible with the backwardness of society.

CHALLENGES

Against Fundamental Rights : Interference of law in an Individual's choice of marriage violates

Right to equality - Article 14.
Right to freedom and personal liberty - Article 19.
Freedom of religion - Article 25.-In India inter faith marriages are allowed as the constitution allows one to convert to a different religion from what one was born with and further the personal laws of the religion have provisions.
Right to life -Article 21

Asymmetrical with various judgments of SC's .

Sc in Shafin Jahan vs Ashok (2018) has upheld that the right to marry a person of one's choice as part of Article 21.
According to SC - Constitution protects the ability of each individual to pursue a way of life or faith.
There for , the right to marry a person of one's choice is integral to Article 21 of constitution.
In K.S Puttaswamy vs UOI (2017) judgment held that " Right of choice of family as a Fundamental Right"

Patriarchal Roots

WAY FORWARD

In order to avoid inclusion of any further laws, there should be acceptance of the Act in all levels.

The rights should not be exploited like conservation of religion for marriage.