{"id":202869,"date":"2022-08-31T18:03:13","date_gmt":"2022-08-31T12:33:13","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=202869"},"modified":"2022-08-31T18:04:18","modified_gmt":"2022-08-31T12:34:18","slug":"explained-challenging-the-special-marriage-act-1954","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/explained-challenging-the-special-marriage-act-1954\/","title":{"rendered":"Explained | Challenging the Special Marriage Act 1954"},"content":{"rendered":"\n

Source: <\/b>The post is based on the article <\/span>\u201cExplained | Challenging the Special Marriage Act, 1954\u201d <\/b>published in <\/span>The Hindu on 31st August 2022.<\/b><\/p>\n

What is the News?<\/b><\/h5>\n

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.<\/span><\/p>\n

What is the Special Marriage Act,1954?<\/b><\/h5>\n

Special Marriage Act,1954 is an Act of the Parliament of India <\/span>enacted to validate and register inter-religious and inter-caste marriages in India.<\/span><\/p>\n

No religious formalities are needed to be carried out under the Act.\u00a0<\/span><\/p>\n

This Act applies not only to Indian citizens who belong to different castes and religions, but also to Indian nationals who live abroad.<\/span><\/p>\n

What are the provisions challenged under the Act?<\/b><\/h5>\n

Section 5: <\/b>It requires couples marrying under it to give a notice to the Marriage Officer 30 days before the date of marriage.\u00a0<\/span><\/p>\n

Section 6: <\/b>It requires such a notice to be then entered into the Marriage Notice Book maintained by the Marriage Officer, which can be inspected by \u201cany person desirous of inspecting the same\u201d.<\/span><\/p>\n

\u2013 These notices have to be also affixed at a \u201cconspicuous place\u201d 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.\u00a0<\/span><\/p>\n

Section 7: <\/b>It provides the process and grounds for making an objection.<\/span><\/p>\n

Section 8: <\/b>It specifies the inquiry procedure to be followed after an objection has been submitted.<\/span><\/p>\n

Why have these provisions challenged by the petitioner?<\/b><\/h5>\n

The petitioner has called these provisions violative of the right to privacy<\/strong> guaranteed under Article 21 of the Constitution.<\/span><\/p>\n

\u2013 This is because these provisions require couples to give a notice of 30 days before the date of marriage, inviting objections from the public.\u00a0<\/span><\/p>\n

\u2013 This seriously damages one\u2019s right to have control over her\/his personal information and its accessibility.<\/span><\/p>\n

\u2013 Also, these public notices have been used by anti-social elements to harass couples getting married.<\/span><\/p>\n

These provisions are also violative of Article 14<\/strong> on prohibition of discrimination on grounds of religion, race, caste and sex as well as Article 15 on right to equality<\/strong> as these requirements are absent in personal law.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on the article \u201cExplained | Challenging the Special Marriage Act, 1954\u201d 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… Continue reading Explained | Challenging the Special Marriage Act 1954<\/span><\/a><\/p>\n","protected":false},"author":10317,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1566,9],"tags":[10498],"class_list":["post-202869","post","type-post","status-publish","format-standard","hentry","category-daily-factly-articles","category-public","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/202869","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10317"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=202869"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/202869\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=202869"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=202869"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=202869"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}