30 days notice period not mandatory under Special Marriage Act 1954: Allahabad HC.

30 days’ notice period not mandatory under Special Marriage Act 1954: Allahabad HC.

Subject: Polity

Context: The Allahabad High Court has ruled that couples seeking to solemnise their marriage under the Special Marriage Act, 1954 can choose not to publish the mandatory 30-day notice of their intention to marry. It is significant in wake of targeting of inter-faith couples by vigilante group and passing of anti-conversion law by the states like UP.

Concept:

• The judgement is significant for it gives emphasis on Right to Privacy which was accepted as fundamental right in Puttaswamy (Retd) case in 2017.
• Mandatory provisions will invade in the fundamental rights of liberty and privacy, including within its sphere freedom to choose for marriage without interference from state and non-state actors, of the persons concerned.
• The significance of the judgement is evident for inter-faith couple being targeted increasingly after giving notice and even court note of anti-conversion laws could also impact rights by privacy laws is significant.
• Court noted that notice out of free will not be a violation but is exercise of right of choice of couples.
• It becomes interesting to look as similar provisions exists in The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, which declares conversion of religion by marriage to be unlawful, mandates a 60-day notice to the District Magistrate.

About Special Marriage act, 1954:

• It is a central legislation for couples of all faith.
• The Special Marriage Act to provide a framework for inter-caste and inter-religious marriages was originally enacted in 1872.