special marriage act by abdul rahman.pptx

inter caste and inter religion marriags

1. Introduction The British Government in India created the Special Marriage Act, 1954, 1872, in order to protect the cherished principle of secularism in the society. The current Special Marriage Act, 1954, 1954, was thus framed and implemented along the lines of the colonial statutory provision in newly independent India, which was highly essential to ensure that the secular fabric of the nation remained tightly knit after it had been significantly torn due to the after-effects of the partition of 1947. As a result, the government of newly independent India’s only rationale for enacting this special legislation was to find an effective alternative to earlier colonial law and provide a straight–jacket remedy to individuals who wanted separate provisions for solemnisation and registration of marriages through a civil contract, since the ‘Right to Marry’ has also been included as a Fundamental Right under Right to Life and Personal Liberty under Article 21 of the Indian Constitution.

2. A brief overview of the Special Marriag Act , 1954 As one of independent India’s most significant secular initiatives, the Special Marriage Act, 1954 was brought into the Indian legal system in 1954. The Act was intended to be a piece of legislation that controls weddings that could not be solemnised due to religious traditions. The Act applies to all Indian nationals, whether they live in India or outside. The State of Jammu and Kashmir is not included in the scope of this Act, although persons domiciled in other states but residing in Jammu and Kashmir would be eligible for these provisions.

It is a piece of law that establishes a special type of marriage by registration. Marriage is unique in that there is no requirement to convert or reject one’s religion. Unlike conventional arranged weddings, which include two families from the same caste or community, the Act aspires to legalise interreligious or inter-caste marriages. The Act’s Certificate of Registration has been regarded as universal evidence of marriage. As stated in the Preamble, the Act allows for a special form of marriage in specific circumstances, registration of such and other marriages, and divorce.

3. Objectives of the Special Marriage Act, 1954 The following are the key goals that may be derived from the Act’s Preamble: 1. A specific type of marriage, 2. documentation of certain marriages, 3. separation. Purpose of the Special Marriage Act, 1954 1. The purpose of the Act is to establish consistent legal measures to protect those who want to marry across castes or religions. By establishing a system for inter-faith marriages, the Act serves the interests of all Indian people. 2. The Act includes provisions for lawful marriage, prerequisites for a valid marriage, dissolution of an inter-faith marriage, marriage registration, and other regulations. As a result, the enactment of the aforementioned legislation intended to protect people’s basic rights and enable them to pick their married partners. The Act also intends to reduce the threat of societal ills such as honor killing and love jihad, as well as to acknowledge the rights of children born out of such marriages.

4. Elements of the Special Marriage Act, 1954 The Act, via the use of the following elements, drastically revolutionised society’s perception of inter-caste and inter-faith marriages in the following ways: 1.Unlike the previous marriage legislation, this Act applies to all Indian citizens, regardless of religion or caste. As a result, any individual desirous of marrying another individual might do so under the aforementioned Act. 2.Since the Act considers marriage to be a legal transaction, no rituals or ceremonies are conducted. The marriage is carried out in accordance with the law i.e , through court marriage.

5. Applicability of the Special Marriage Act, 1954 The Special Marriage Act, 1954 extends to all Indian states as well as Indian nationals living in other countries. Individuals of diverse faiths, such as Muslims, Hindus, Parsis , Sikhs, or Christians, can marry under this Act. The Act applies not only to interreligious or inter-caste marriages or love marriages but also to intra-faith marriages and provides an option to register marriages performed in accordance with the couple’s personal laws. The fulfillment of customs and ceremonies to solemnise the marriage is a requirement of personal laws, whether Hindu or Muslim law, however, the Special Marriage Act, 1954 does not demand the performance of any rituals or ceremonies; rather, the single requirement for being married is two persons having permission.

It applies to the whole of India except the State of Jammu and Kashmir and applies also to citizens of India domiciled in the territories to which this Act extends who are (in the State of Jammu and Kashmir). Marriages between Hindus, Muslims, Christians, Sikhs, Jains, and Buddhists are all covered under the statute. As a result, there is no distinct court marriage for different faiths; rather, it is a uniform process of being married regardless of religion

6. Requirements Since Indians believe in marriages with proper rituals, customs, and ceremonies that include pomp and show & extravagant celebrations, none of them is required by the Special Marriage Act. The fundamental requirement under this Act for a valid marriage is the consent of both parties to the marriage. If both parties to the marriage are willing to marry each other, that’s enough; caste, religion, race, etc. Can’t act as a barrier to their union here. For marriage under this Act, the parties must file with the district’s Marriage Registrar a notice stating their intention to marry each other in which at least one of the parties to the marriage has lived for at least 30 days prior to the date on which such notice is filed. After the expiry of 30 days from the date that such notice was published, the marriage is then said to be solemnized. But if any person related to the parties objects to this marriage and the registrar finds that it is a reasonable cause of objection, on such grounds he can cancel the marriage. For a valid marriage, the parties must also give their consent to the marriage before the marriage officer and three witnesses. These are the basic requirements for a valid marriage under the Special Marriage Act that every Indian must know about.

7. Conditions to be fulfilled under the Special Marriage Act-Section 4 Marriages under this Act are endorsed based on the following conditions: Neither of the parties has a living spouse. Neither of the parties is incapable of consenting to the marriage owing to unsound mind. Neither of the parties is affected with any mental disorder which renders them unfit for marriage and the procreation of children. Neither of the parties is subject to constant attacks of epilepsy or insanity. The bridegroom and the bride have attained the age of 21 and 18 respectively. The parties are not within the confines of a prohibited relationship. It may be noted though that if a custom governing at least one of the parties doesn’t prohibit a marriage between them, the marriage can be solemnized under this Act.

8. Powers of Marriage Officers -Section 9 For the purpose of any inquiry under section 8, the Marriage Officer shall have all the powers summoning and enforcing the attendance of witnesses and examining them (b) discovery and inspection (c) compelling the production of documents (d) reception of evidence of affidavits (e) issuing commissions for the examination of witnesses;

9. CASE LAWS Lata Singh v. State of UP, 2006  The Supreme Court directed the state governments to establish a framework to protect individuals marrying under the Special Marriage Act, 1954. In the current instance, the petitioner sought to have the petition filed by her furious brother dismissed since the petitioner had an intercaste marriage. As a result, the Supreme Court determined that the petitioner, at the age of 24, is of legal age and can choose her spouse. Kuldeep Singh Meena v. State of Rajasthan, 2018  The Rajasthan High Court confirmed this rationale, holding that the Special Marriage Act, 1954 simply requires a notice to be shown on the display board at the Marriage Officer’s office. The High Court makes it very apparent that authorities cannot impose extra obligations on spouses in addition to the conditions established in the Special Marriage Act, 1954.

10. Shafin Jahan v. Asokan K.M. and Others, 2018 The question of marrying without interference came up before the Supreme Court of India in the case of  in which the Court declared, “ The constitution respects the freedom and sovereignty which inheres in each individual. ” This involves the ability to make choices about parts of one’s personality and identity. The choice of a partner, whether within or outside of marriage, is entirely up to the person. Sufiya Sultan and Ors. v. State of U.P. and Ors, 2021 The Allahabad High Court stated that, while giving notice under Section 5 it is up to the couple to request in writing to the concerned Marriage Officer if they want to publish a public notice under Section 6 and follow the objection procedures under Section 7.