Recently, the law that governs inter-faith marriages in the country, the Special Marriage Act (SMA), 1954, is being challenged in the Supreme Court for endangering the lives of young couples who seek refuge under it.
Context
Recently, the law that governs inter-faith marriages in the country, the Special Marriage Act (SMA), 1954, is being challenged in the Supreme Court for endangering the lives of young couples who seek refuge under it.
Special Marriage Act, 1954
- It is the legislation made to validate and register interreligious and inter-caste marriages in India.
- It allows two individuals to solemnize their marriage through a civil contract.
- The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.
- No religious formalities are needed to be carried out under the Act.
- Coverage: This Act includes Hindus, Muslims, Christians, Sikhs, Jains, and Buddhists marriages.
- This Act applies not only to Indian citizens who belong to different castes and religions but also to Indian nationals who live abroad.
- Section 5 of the SMA requires a person marrying under this law to give a notice of intended marriage.
- Section 6(2) says it should be affixed at a conspicuous place at the office of the marriage officer.
- Section 7(1) allows any person to object to the marriage within 30 days of the publication of the notice, failing which a marriage can be solemnized under Section 7(2).
