WHY IN NEWS ?
The recent act of violence directed at an interfaith couple in Madhya Pradesh, who were married under the Special Marriage Act of 1954, has sparked significant concerns regarding the effectiveness and provisions of this legislation.
- The Special Marriage Act of 1954 was established to create a secular legal structure for marriages involving individuals from diverse religions, castes, or communities.
- This Act facilitates the union of inter-faith or inter-caste couples while allowing them to retain their religious identities without the necessity of conversion
The purpose of the Act is as follows:
- Eliminate colonial-era marriage laws that predominantly relied on religious personal laws before independence.
- Enable individuals to enter into marriages outside their own religion without the need for conversion to a different faith.
- Provide a legal framework for interfaith marriages, particularly important given the heightened religious divisions following the Partition.
Eligibility Criteria for Marriage:
Age Requirement and Eligibility:
- Male partner must be at least 21 years old.
- Female partner must be at least 18 years old.
- People of any faith can marry across India.
Marital Status:
- Neither party should have a living spouse at the time of marriage, ensuring monogamy.
Mental Capacity:
- Both individuals must be of sound mind and capable of giving valid consent.
- Individuals with severe mental illnesses or disabilities affecting their ability to consent are disqualified.
Prohibited Relationships:
- Marriage between close relatives is prohibited as per customary restrictions.
- Marriages between close relatives may be allowed based on the personal laws of the individuals involved.
- MOST CONTENTIOUS PROVISION-The requirement for public notice prior to the registration of marriage is one of the most contentious aspects of the Act.
Provision for Raising Objections to Marriage:
Objection Mechanism (Section 7 of the Act):
- Any person can raise an objection within the 30-day notice period.
Valid Grounds for Objection:
- Either party is below the minimum legal age.
- One of the partners is already married.
- The marriage falls within prohibited relationships as per customs.
- One or both parties are incapable of giving valid consent due to mental incapacity.
Action upon Objection:
- The Marriage Officer must investigate the claims.
- The Marriage Officer will decide whether the marriage can proceed.
- If the objection is valid, the marriage cannot take place under the Act.
Concerns and Misuse:
- The provision was designed to ensure transparency and prevent unlawful marriages.
- It has been misused by families, religious groups, and vigilantes to disrupt interfaith marriages.
- Privacy concerns have arisen due to the misuse of personal information.
Registration and Legal Recognition of Marriage:
Proceeding with the Marriage:
- If no valid objections are raised, the marriage can proceed.
Marriage Ceremony:
- The marriage is solemnised in the presence of the Marriage Officer and three witnesses.
Marriage Certificate:
- A marriage certificate is issued after the ceremony.
- The marriage is legally recognized under Indian law.
No Religious Rituals or Conversions:
- Unlike religious marriages, no religious rituals or conversions are required under the Act.
Issues with the Special Marriage Act, 1954:
Violation of Privacy:
- The public notice requirement exposes the couple’s personal details to family, society, and vigilante groups, infringing on their privacy rights.
- Justice K.S. Puttaswamy vs Union of India (2017) Case:
- The Supreme Court ruled that privacy is a fundamental right.
- Individuals have the right to make autonomous decisions regarding personal matters, including marriage.
- The public notice violates this right, making couples vulnerable to social backlash.
Risk of Harassment and Physical Violence:
- Recent Incident at Bhopal (2024):
- The couple’s personal information was leaked, making them targets of violence.
- Interfaith couples often face threats, family pressure, and forced separation due to public disclosure.
- The state’s failure to provide adequate security exacerbates the issue.
- Recent Incident at Bhopal (2024):
Weaponization of Section 7 (Objection Clause):
- Objections to marriage are often misused by:
- Family members opposing interfaith marriages.
- Religious extremists or vigilantes claiming to protect religious purity.
- Individuals with personal grudges or vested interests.
- No safeguards exist to prevent false, malicious, or communal objections, leading to delays and harassment.
- Objections to marriage are often misused by:
Gender Bias and Patriarchal Control:
- Women, particularly from Hindu communities, are often seen as incapable of making independent decisions.
- The assumption that Muslim men manipulate Hindu women reinforces patriarchal and communal biases.
- Women face pressure from families, society, and law enforcement to withdraw from interfaith marriages.
Legal and Social Consequences of Public Notice Requirement:
- Threats from Family and Society:
- Many couples go into hiding or run away to escape family and societal backlash.
- Forced Marriages and Honor Killings:
- Women may be forcibly married off or subjected to honor crimes to prevent interfaith unions.
- State Inaction:
- Law enforcement agencies often fail to protect couples, allowing moral policing by vigilante groups to flourish.
- Threats from Family and Society:
Suggested Reforms:
Abolishing the Public Notice Requirement:
- The Delhi High Court (2021) ruled that public notice is not mandatory, but this should be uniformly implemented across India.
- Privacy should be protected, with only relevant legal authorities having access to marriage records.
Strengthening Protection for Couples:
- Authorities must act against vigilante groups and prevent them from interfering in lawful marriages.
Regulating the Objection Mechanism:
- Only valid legal objections (e.g., age, mental capacity, existing marriage) should be allowed.
- Authorities must reject objections based on religion, personal beliefs, or social biases, as these go against the spirit of the Act.
Raising Awareness and Legal Literacy:
- Public awareness campaigns should challenge misconceptions about interfaith marriages.
- Couples should be informed of their rights and legal protections under the Special Marriage Act.
Strict Action Against Moral Policing:
- Vigilante groups interfering in private matters should be criminally prosecuted.
- Legal consequences should be faced by authorities who leak personal data.
The Special Marriage Act, 1954 was intended to protect interfaith and inter-caste couples, but certain provisions have turned it into a tool of harassment. Addressing these issues is crucial to safeguarding the fundamental rights of individuals to choose their partners freely.
PRELIMS PRACTISE
Question: Which of the following is true about the Special Marriage Act, 1954?
A) It requires couples to undergo a religious ceremony for marriage to be valid.
B) It allows individuals from different religions and communities to marry without conversion.
C) It mandates a public notice requirement for all marriages under the Act.
D) It only applies to interfaith marriages between Hindus and Muslims.