Special Marriage Act 1954 (UPSC Current Affairs)

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Why in the news?

The Special Marriage Act (SMA), 1954, which governs interfaith marriages in the country, has recently been challenged in the Supreme Court. Several petitions were filed in 2021 to strike down several of its provisions.

What is the Special Marriage Act (SMA), 1954?

• It is the legislation enacted in India to validate and register interreligious and inter-caste marriages.
• It enables two individuals to enter into a civil contract for the purpose of solemnizing their marriage.
• The Act makes no need for religious formalities to be followed.
• Marriages between Hindus, Christians, Muslims, Sikhs, Jains, and Buddhists are all covered under this Act.
• This Act extends not only to Indian citizens of different castes and religions but also to Indian nationals living abroad.

What is the Current Petition?

• Section 5 of the SMA requires a person who intends to marry under this law to give notice of intended marriage.
• Section 6(2) requires it to be affixed at a conspicuous place in the marriage officer's office.
• Section 7(1) allows any person to object to the marriage within 30 days of the notice's publication, failing which a marriage can be solemnized under Section 7(2).
• Because these provisions breached personal liberties, several interfaith couples approached the Court, challenging Sections 6 and 7 of the Act.

What are interfaith Marriages?

• The matrimonial relationship developed between the2 individuals shaving different religious faith.
• Albeitmarrying into a different religion is a matter of choice for an adult, there are certain issues regarding the same.

What are the issues with Interfaith Marriage?

• Interfaith marriages are considered to be the result of one of the spouses being forced to convert.
• According to Muslim personal law, conversion of religion is the only way to marry a non-Muslim.
• The Hindu religion forbids polygamy, and those who want to marry a second time must follow another course.
• There is no provision for determining the caste of children born from such marriages.
• The Special Marriage Act of 1954 is incompatible with society's backwardness.
• The validity of Article 226 is being debated in light of the high court's annulment of an interfaith marriage.
• Article 226: High courts have the power to issue certain writs.

What are the challenges with contemplating Laws for Interfaith Marriages?

Infringement on Fundamental Rights

Interference of the law in an individual's marriage choice violates existing fundamental rights such as:

• Article 14- Right to equality,
• Article 19- Right to Freedom
• Article 25 and Article 21- Freedom of Religion and Right to Life & Personal Liberty

Against Secularism

• Secularism is one of the basic principles enshrined in the Indian Constitution.
• The freedom to practice any religion of one's choice is guaranteed by Article 25 of the Indian constitution.
• As a result, inter-faith marriages are allowed in India since the constitution enables one to convert to a religion other than the one with which one was born, and the personal laws of the religion include provisions.

Asymmetrical with various Supreme Court decisions

• The Supreme Court upheld the right to marry a person of one's choice as part of Article 21 in Shafin Jahan v Ashok KM (2018).
• According to the Supreme Court (SC), the Constitution protects each individual's right to pursue a way of life or faith to which he or she seeks to adhere.
• As a result, the right to marry the person of one's choice is enshrined in Article 21 of the Constitution.
• Furthermore, in K.S. Puttaswamy v UOI (2017), the Supreme Court declared the "right of choice of a family life" to be a fundamental right.
• This shows that the law has profound patriarchal roots, in which women are infantilized, placed under parental and community control, and denied the right to take life decisions if such decisions are not agreeable to their guardians.

Way Forward

• Acceptance of the Special Marriage Act of 1954 at the mental and social levels is required to avoid the inclusion of any further laws.
• The rights should not be abused; converting to another religion only for the purpose of marriage is not at all-wise.

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