SC slams sections of Special Marriage Act requiring prior notice

Source: The post is based on the article “SC slams sections of Special Marriage Act requiring prior notice” published in The Hindu on 21st April 2023

What is the News?

The Supreme Court has said that the provisions of the Special Marriage Act which mandate a 30-day notice of intent to marry is steeped in patriarchy and expose vulnerable couples to an “invasion” by society.

What is the Special Marriage act?

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Why has the Supreme Court criticized several provisions of the Special Marriage Act? 

The Special Marriage Act requires marriage officers to display a public notice inviting objections to an intended marriage 30 days prior to the ceremony.

The Supreme Court has argued that such a notice is patriarchal and enables an invasion of privacy, particularly as it includes detailed personal information about the couple such as their names, phone numbers, date of birth, occupation and addresses.

The court said that such provisions are only based on patriarchy and were made when women did not have agency.

It voiced concern about the impact of such requirements on marginalized or minority communities and emphasized the need to protect vulnerable sections of society.