The Hindu Editorial Analysis- 17th June 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

High Court’s take on Marriage Act, an erosion of rights 

Why in News?

A problematic order from the Madhya Pradesh High Court has given rise to the likelihood of a misinterpretation of the law around inter-faith marriages and a calling into question the scope of the Special Marriage Act, 1954. If unresolved, this could potentially lead to consequences contrary to the objectives of the Act, which sought to provide a viable legal avenue for inter-religious marriages.

What is the Special Marriage Act?

• The Special Marriage Act of 1954 (SMA) was enacted by the Indian Parliament on October 9, 1954.
• The SMA provides for a civil marriage where the state, not a religious body, sanctions the union.
• Personal law issues such as marriage, divorce, and adoption are typically governed by codified religious laws.
• Religious laws, like the Muslim Marriage Act of 1954 and the Hindu Marriage Act of 1955, require spouses to convert to each other's religion for marriage.
• In India, both civil and religious marriages are recognized by the system.
• The SMA allows inter-faith or inter-caste couples to marry without abandoning their religious identities or converting.

Who can get married under the Special Marriage Act?

• The Special Marriage Act (SMA) applies to individuals of all faiths, including Hindus, Muslims, Sikhs, Christians, Jains, and Buddhists, throughout India.
• Under the SMA, the minimum age for marriage is 21 years for males and 18 years for females.
• Section 19 of the Act states that any member of an undivided family who professes the Hindu, Buddhist, Sikh, or Jain religion will be considered to sever ties with their family upon marrying under the SMA.
• This severance can impact rights, including inheritance rights, for individuals who marry under the SMA.

 What is the procedure for a civil marriage?

• According to Section 5 of the Special Marriage Act (SMA), the parties intending to marry must provide a written notice to the "Marriage Officer" of the district.
• Before the marriage can be solemnized, the parties and three witnesses must sign a declaration form in the presence of the Marriage Officer.
• Upon acceptance of the declaration, the parties will receive a "Certificate of marriage," which serves as official proof of the marriage.

What is the “notice period” under the SMA?

• Under Section 6 of the Special Marriage Act (SMA), a true copy of the notice given by the parties will be kept in the Marriage Notice Book.
• Upon receiving the notice, the Marriage Officer must publish it in a conspicuous place in his office to invite any objections to the marriage within 30 days.
• Section 7 addresses objections to the marriage, allowing any person to object within 30 days from the date of the notice’s publication.
• The grounds for objection are specified in Section 4 of the Act.
• If an objection is raised, the Marriage Officer is required to investigate the objection and cannot solemnize the marriage until the matter is resolved.

 What are the criticisms of SMA?

• The requirement to post the notice of marriage is often criticized for being used to harass consenting couples.
• Unwarranted disclosure of matrimonial plans by adults eligible to marry can sometimes jeopardize the marriage.
• In certain situations, this disclosure may endanger the life or safety of one or both parties due to parental interference.
• In January 2021, the Allahabad High Court ruled that couples marrying under the Special Marriage Act, 1954, can choose not to publish the mandatory 30-day notice of their intention to marry.