UPSC Exam  >  UPSC Notes  >  Current Affairs & Hindu Analysis: Daily, Weekly & Monthly  >  The Hindu Editorial Analysis- 17th June 2024

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

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

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.

1 Crore+ students have signed up on EduRev. Have you? Download the App

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.

Download the notes
The Hindu Editorial Analysis- 17th June 2024
Download as PDF
Download as PDF

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.

Take a Practice Test
Test yourself on topics from UPSC exam
Practice Now
Practice Now

 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.
The document The Hindu Editorial Analysis- 17th June 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC is a part of the UPSC Course Current Affairs & Hindu Analysis: Daily, Weekly & Monthly.
All you need of UPSC at this link: UPSC
39 videos|4283 docs|904 tests

Up next

FAQs on The Hindu Editorial Analysis- 17th June 2024 - Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC

1. How has the High Court's interpretation of the Marriage Act impacted individual rights?
Ans. The High Court's interpretation of the Marriage Act has been seen as an erosion of rights, potentially limiting certain freedoms or protections previously afforded to individuals under the Act.
2. What specific aspects of the Marriage Act have been affected by the High Court's ruling?
Ans. The High Court's ruling has impacted various aspects of the Marriage Act, potentially changing the way certain rights or provisions are understood or enforced within the legal framework of marriage.
3. How have individuals reacted to the High Court's decision regarding the Marriage Act?
Ans. Individuals may have varying reactions to the High Court's decision, with some potentially expressing concerns about the implications for their own rights or freedoms under the Act.
4. What legal ramifications could arise from the High Court's interpretation of the Marriage Act?
Ans. The High Court's interpretation of the Marriage Act could lead to legal challenges or debates regarding the application of certain provisions, potentially affecting how marriages are recognized or regulated under the law.
5. How might the High Court's ruling on the Marriage Act impact future legal proceedings or cases related to marriage rights?
Ans. The High Court's ruling could set a precedent for future legal cases or proceedings involving marriage rights, potentially shaping how similar issues are addressed or resolved in the future.
39 videos|4283 docs|904 tests
Download as PDF

Up next

Explore Courses for UPSC exam
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev
Related Searches

Sample Paper

,

Extra Questions

,

Exam

,

Semester Notes

,

Weekly & Monthly - UPSC

,

Weekly & Monthly - UPSC

,

The Hindu Editorial Analysis- 17th June 2024 | Current Affairs & Hindu Analysis: Daily

,

shortcuts and tricks

,

video lectures

,

pdf

,

Free

,

study material

,

past year papers

,

Objective type Questions

,

ppt

,

practice quizzes

,

Important questions

,

mock tests for examination

,

Previous Year Questions with Solutions

,

Summary

,

The Hindu Editorial Analysis- 17th June 2024 | Current Affairs & Hindu Analysis: Daily

,

Weekly & Monthly - UPSC

,

Viva Questions

,

The Hindu Editorial Analysis- 17th June 2024 | Current Affairs & Hindu Analysis: Daily

,

MCQs

;