Explained | Challenging the Special Marriage Act 1954

Source: The post is based on the article “Explained | Challenging the Special Marriage Act, 1954” published in The Hindu on 31st August 2022.

What is the News?

The Supreme Court has dismissed a writ petition challenging provisions of the Special Marriage Act (SMA),1954. The provision requires couples to give a notice declaring their intent to marry 30 days before their marriage.

What is the Special Marriage Act,1954?

Special Marriage Act,1954 is an Act of the Parliament of India enacted to validate and register inter-religious and inter-caste marriages in India.

No religious formalities are needed to be carried out under the Act. 

This Act applies not only to Indian citizens who belong to different castes and religions, but also to Indian nationals who live abroad.

What are the provisions challenged under the Act?

Section 5: It requires couples marrying under it to give a notice to the Marriage Officer 30 days before the date of marriage. 

Section 6: It requires such a notice to be then entered into the Marriage Notice Book maintained by the Marriage Officer, which can be inspected by “any person desirous of inspecting the same”.

– These notices have to be also affixed at a “conspicuous place” or place where it is visible to everyone, in the office of the Marriage Officer so that anyone can raise an objection to the marriage. 

Section 7: It provides the process and grounds for making an objection.

Section 8: It specifies the inquiry procedure to be followed after an objection has been submitted.

Why have these provisions challenged by the petitioner?

The petitioner has called these provisions violative of the right to privacy guaranteed under Article 21 of the Constitution.

– This is because these provisions require couples to give a notice of 30 days before the date of marriage, inviting objections from the public. 

– This seriously damages one’s right to have control over her/his personal information and its accessibility.

– Also, these public notices have been used by anti-social elements to harass couples getting married.

These provisions are also violative of Article 14 on prohibition of discrimination on grounds of religion, race, caste and sex as well as Article 15 on right to equality as these requirements are absent in personal law.