Impact of misinterpretation of the Special Marriage Act (SMA)

Source: The post impact of misinterpretation of the Special Marriage Act (SMA) has been created, based on the article “Bizarre judgment: Personal law norms cannot be used to invalidate inter-faith marriages” published in “The Hindu” on 7th June 2024.

UPSC Syllabus Topic: GS Paper 1- Society – Salient Features

Context: The article discusses a case where the Madhya Pradesh High Court incorrectly applied Muslim personal law instead of the Special Marriage Act (SMA), which allows inter-faith couples to marry legally without religious rituals. The court wrongly questioned the validity of an inter-faith marriage under Muslim law, even though the SMA should have been the only relevant law.

For detailed information on Special Marriage Act read this article here

What Does the Special Marriage Act Say?

The SMA allows inter-faith couples to marry legally without following their religious marriage rituals. The act is designed to help couples who come from different religions to marry in a secular manner, without needing to convert.

How did the court misinterpret the law?

1. Irrelevance of Personal Law in SMA: The judge questioned the validity of the marriage under Muslim law, which is irrelevant when a couple opts for the SMA, designed to supersede personal religious laws.
2. Ignoring the Act’s Purpose: The SMA’s purpose is to enable secular, inter-faith marriages without the need for religious conversion or compliance with the specific marriage rituals of any religion. The court’s focus on personal law contradicts this aim.

For detailed information on SC slams sections of Special Marriage Act requiring prior notice read this article here

What could be the impact of this misinterpretation?

1. If this judgment is accepted, it could weaken the purpose of the SMA, making it ineffective for inter-faith couples who want a secular marriage.
2. It might also slow down efforts toward a uniform civil code, which aims to standardize personal laws across all religions in India.
3. This could lead to more people converting to another religion just to get married, which isn’t the intention of the SMA.

Question for practice:

Examine how the misinterpretation of the Special Marriage Act by the Madhya Pradesh High Court could potentially impact inter-faith couples seeking legal recognition of their marriages in India.