Special Marriage Act of 1954

Feb 21, 2023

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Context

Probable Question

Background

About the Special Marriage Act of 1954 (SMA)

Eligibility to get married under the Special Marriage Act

Procedures for a civil marriage

Notice period under the SMA

Frequently Asked Questions about Special Marriage Act of 1954

Context

Nowadays, a large number of interfaith couples are marrying under secular personal law thanks to the Special Marriage Act of 1954.

Probable Question

What is the Special Marriage Act and how is it different from religious codes of marriage? (150 words, 10 marks)

Background

Issues of personal law such as marriage, divorce, and adoption are governed by religious laws that are codified.
These laws, such as the Muslim Marriage Act of 1954, and the Hindu Marriage Act, of 1955, require either spouse to convert to the religion of the other before marriage.
Thus the Special Marriage Act of 1954 was passed to enable marriage between inter-faith or inter-caste couples without them giving up their religious identity or resorting to conversion.
The Indian system, where both civil and religious marriages are recognized, is similar to the laws in the UK’s Marriage Act of 1949.

About the Special Marriage Act of 1954 (SMA)

The Special Marriage Act of 1954 (SMA) was passed by the Parliament on October 9, 1954.
Objective: It governs a civil marriage where the state sanctions the marriage rather than the religion.
An earlier version of the SMA was enacted in 1872 and was later re-enacted in 1954 with provisions for divorce etc.

Eligibility to get married under the Special Marriage Act

The applicability of the Act extends to people of all faiths, including Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, and Buddhists, across India.
Some customary restrictions such as parties not being within degrees of a prohibited relationship still apply to couples under SMA.
Section 4 of the SMA:
- It requires that at the time of marriage, “neither party has a spouse living” or is “incapable of giving a valid consent to it in consequence of unsoundness of mind”.
- It requires that they do not suffer from “recurrent attacks of insanity” or any mental disorder that renders them “unfit for marriage and the procreation of children”, even if both parties are capable of giving valid consent.
The minimum age to get married under the SMA is 21 years for males and 18 years for females.
However, under Section 19 of the Act, any member of an undivided family who has been married in accordance with secular law and practices the religions of Hinduism, Buddhism, Sikhism, or Jainism is presumed to have severed their ties to the family. This would have an impact on the people deciding to marry under the SMA's rights, particularly the right to inherit.

Eligibility under Special Marriage Act of 1954

Procedures for a civil marriage

As per Section 5 of the SMA, the parties to the marriage are required to give a notice, in writing, to a “Marriage Officer” of the district in which at least one of the parties has resided for at least 30 days immediately preceding the notice.
Before the marriage is solemnized, the parties and three witnesses are required to sign a declaration form before the Marriage Officer.
Post acceptance of the declaration, the parties will be given a “Certificate of marriage”.
Certificate of marriage under section 13 of the SMA is essentially proof that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with.

Notice period under the SMA

As per Section 6, a true copy of the notice given by the parties will be kept under the “Marriage Notice Book” which will be open for inspection at all reasonable times, without a fee.
Upon receiving the notice, the marriage officer shall publish it in “some conspicuous place in his office” to invite any objections to the marriage within 30 days.
Section 7 deals with “Objection to marriage” and allows any person to object to the marriage on the ground that it would contravene one or more of the conditions specified in Section 4 of the Act.
- However the objection should be done “before the expiration of thirty days from the date of the notice’s publication” .
In case of objection, the Marriage Officer cannot solemnize the marriage until the follows:
- Either he has inquired into the matter of the objection and is satisfied that will not prevent the marriage from taking place.
- Or the person making such an objection withdraws it.

Note:

Provision for objection is often criticized as they are commonly invoked to harass consenting couples.
In 2009, the Delhi High Court, underlining the right to privacy, struck down the practice of posting the notice of intended marriage under the SMA to the residential addresses of both parties through the police station of the concerned jurisdiction to verify their addresses.
“The unwarranted disclosure of matrimonial plans by two adults entitled to solemnize it may, in certain situations, jeopardize the marriage itself. In certain instances, it may even endanger the life or limb of one at the other party due to parental interference,” the Court had said.
In January 2021, the Allahabad High Court ruled that couples seeking to solemnize their marriage under the Special Marriage Act, 1954 can choose not to publish the mandatory 30-day notice of their intention to marry.

News Source: The Indian Express

https://indianexpress.com/article/explained/everyday-explainers/swara-bhaskar-special-marriage-act-8451763/

Frequently Asked Questions about Special Marriage Act of 1954

What is the Special Marriage Act of 1954?

The Special Marriage Act of 1954 was passed to enable marriage between inter-faith or inter-caste couples without them giving up their religious identity or resorting to conversion. It governs a civil marriage where the state sanctions the marriage rather than the religion.

Who can get married under the Special Marriage Act?

The applicability of the Act extends to people of all faiths, including Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, and Buddhists, across India. It requires that at the time of marriage, “neither party has a spouse living” or is “incapable of giving a valid consent to it in consequence of unsoundness of mind”. The minimum age to get married under the SMA is 21 years for males and 18 years for females.

What is the difference between the Hindu Marriage Act and the Special Marriage Act?

The Muslim Marriage Act of 1954, and the Hindu Marriage Act of 1955 require either spouse to convert to the religion of the other before marriage. Thus, the 1954 Special Marriage Act was passed to enable marriage between inter-faith or inter-caste couples without them giving up their religious identity or resorting to conversion.

What is the Special Marriage Act under Section 13?

Section 13 of the Special Marriage Act of 1954 is about certificates of marriage and states the following:

When the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three witnesses.
On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the Certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with.

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