SC Slams sections of Special Marriage Act
- April 21, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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SC Slams sections of Special Marriage Act
Subject : Polity
Section: Constitution
Concept :
- The Supreme Court said 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.
Sections of the act
- Section 5 of the SMA requires couples getting married under it to give a notice to the Marriage Officer 30 days before the date of marriage.
- Section 6 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.
- Section 7 provides the process for making an objection.
- Section 8 specifies the inquiry procedure to be followed after an objection has been submitted.
- These provisions seriously damage one’s right to have control over her/his personal information and its accessibility.
- By making the personal details of the couple accessible to everyone, the very right of the couple to be the decision makers of their marriage is being hampered by the state.
- These public notices have been used by anti-social elements to harass couples getting married.
- There have been instances where marriage officers have gone over and beyond the law and sent such notices to the parents of the couple leading to the girl being confined to her house by her parents.
Special Marriage Act (SMA), 1954
- Marriages in India can be registered under the respective personal laws Hindu Marriage Act, 1955, Muslim Marriage Act, 1954, or under the Special Marriage Act, 1954.
- It is the duty of the Judiciary to ensure that the rights of both the husband and wife are protected.
- The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage for people of India and all Indian nationals in foreign countries, irrespective of religion or faith followed by either party.
- When a person solemnises marriage under this law, then the marriage is not governed by personal laws but by the Special Marriage Act.
Features:
- Allows people from two different religious backgrounds to come together in the bond of marriage.
- Lays down the procedure for both solemnization and registration of marriage, where either of the husband or wife or both are not Hindus, Buddhists, Jains, or Sikhs.
- Being a secular Act, it plays a key role in liberating individuals from traditional requirements of marriage.
Provisions:
- Prior notice:
- As per Section 5 of the Act Couples have to serve a notice with the relevant documents to the Marriage Officer 30 days before the intended date of marriage.
- Registration:
- Both parties are required to be present after the submission of documents for issuance of public notice inviting objections.
- Registration is done 30 days after the date of notice after deciding any objection that may have been received during that period by the SDM.
- Both parties along with three witnesses are required to be present on the date of registration.