The law provides for a 30-day notice period to the marriage registrar within which to file objections, and requires that both parties be of legal age (21 for men and 18 for women), of sound mind, and not already married to someone else.
read more: Sonakshi Sinha and Zaheer Iqbal are not the only Indian celebrities who have successfully entered into interfaith marriages
Who should consider a special marriage law?
1. Interfaith Couples: Couples who belong to different religions and wish to marry without converting to the other person’s religion.
2. Inter-caste couples: Partners from different castes who want a secular marriage free from caste-based formalities.
3. Secular Couples: People who prefer a civil ceremony over a religious ceremony.
4. LGBTQ+ Couples: Although the SMA does not explicitly recognize same-sex marriage, it has been the subject of debate and legal petitions in support of recognizing same-sex marriage.
Benefits of the Special Marriage Law
1. Secularity: The law provides a neutral basis for marriage, free from religious restrictions.
2. Legal Recognition: It ensures that the marriage is legally recognized throughout India and provides various legal protections and rights.
3. Gender Equality: It promotes equality by ensuring that both partners have the same legal status and rights.
4. Simplified Procedures: Streamline the process by focusing on legal matters rather than complex religious ceremonies.
Disadvantages of the Special Marriage Law
1. Notice Period: A 30-day notice period can invite social scrutiny and opposition, which can be stressful for couples.
2. Bureaucratic Hurdles: Extensive documentation requirements and possible challenges can be daunting.
3. Lack of awareness: Many people are unaware of SMA and it is therefore underutilised despite its benefits.
Celebrity Marriages Under the Special Marriage Act
Several high-profile couples have opted for the Special Marriage Act to solemnize their marriages, setting an example for many others.
1. Soha Ali Khan and Kunal Kemmu: A Muslim actress and a Hindu actor got married under the SMA, demonstrating that the law applies to inter-religious couples too.
2. Sanjay Dutt and Manyata Dutt: The Bollywood actor and his wife opted for SMA, highlighting its acceptance among celebrities.
3. Kishore Kumar and Madhubala: The legendary playback singer and the iconic actress, both of whom come from different religious backgrounds, made use of SMA for their marriage.
Issues and Court Decisions
The implementation of the Special Marriage Law has not been without challenges. Various court cases have highlighted problems and led to important rulings.
1. Sara Mudgal v. Government of India (1995): This case dealt with the issues of bigamy and conversion to Islam for the purpose of remarriage. The Supreme Court ruled that conversion does not dissolve the first marriage and stressed the need for a Uniform Civil Code.
2. Lata Singh v. State of Uttar Pradesh (2006): The Supreme Court upheld the right of an adult woman to marry the person of her choice, regardless of caste, highlighting the protections provided by the SMA.
3. Shafin Jahan v. Asokan KM (2018): This landmark judgment, known as the Hadiya case, reaffirmed the right to marriage as a fundamental right under Article 21 of the Constitution. The Supreme Court recognised Hadiya’s marriage under the SMA and protected her choice from opposition from her family.
Issues and future prospects
Despite its progressive framework, the Special Marriage Law faces several challenges. The mandatory notice period often exposes couples to social and family pressure, sometimes leading to harassment. Moreover, there is a need to increase awareness and accessibility of the law, especially in rural areas where traditional norms prevail.
The future of the Special Marriage Act depends on continued legal reform and societal acceptance. Advocates have called for shorter notification periods and streamlined procedures to protect couples’ privacy and rights. Moreover, the ongoing debate over whether to include same-sex marriage in the Special Marriage Act reflects evolving understandings of marriage and equality in India.
Conclusion
The Special Marriage Act is a beacon of secularism and inclusiveness in India’s diverse legal environment. It upholds the principles of equality and individual liberty by providing a legal avenue for inter-religious and inter-caste marriages. While challenges remain, the importance of this Act in promoting unity and protecting individual rights cannot be overemphasized. As society progresses, so too must the laws that govern it, ensuring that the Special Marriage Act continues to serve as a pillar of India’s progressive marriage law.
Author: Dr. Renee Joy, Attorney and Founder, Aalekh Foundation