Special Marriage Act and Privacy Concerns
(1). What is special marriage act 1954?
An Indian law known as the Special Marriage Act (SMA), 1954 establishes a framework for the marriage of individuals from different castes or religions. People of all religions in India are covered by the Act, including Christians, Muslims, Sikhs, Hindus, Jains, and Buddhists.
(2). Marriage Recognition under special marriage act:
Under the Act, marriages must be registered in order for their legal recognition to take effect. This registration grants the couple several legal advantages and safeguards, including social security benefits, inheritance rights, and succession rights. It prohibits polygamy and deems a marriage void if one of the partners was incapable of providing a legitimate consent to the marriage because of mental incapacity or if the other had a spouse who was still alive at the time of the marriage.
(3). Issue related to special marriage act:
Objections to Marriage: The Special Marriage Act's provision allowing objections to be filed against marriage is one of its key problems.
This is frequently used to harass willing couples and postpone or stop their marriage from happening.
The Allahabad High Court decided in January 2021 that couples who want to formally wed under the Special Marriage Act do not have to post the required 30-day notice of their intention to marry.
Privacy Issues: Due to the potential for disclosure of the couple's personal information and their intended marriage, the necessity that notices be published may potentially be viewed as a breach of privacy.
Social Stigma: In many regions of India, weddings between members of different castes or religions are still frowned upon, and individuals who choose to wed under the SMA may encounter prejudice and discrimination from their relatives and communities.
(4). Section related to SMA (Special marriage act):
? The conditions for solemnizing special marriages are defined in Section 4 of the act. These conditions include the following requirements that the parties to the marriage must meet:
1. Nobody's spouse is still alive.
2. Unable to voice a legitimate worry about the effects of mental instability,
3. The ability to grant a legitimate assent.
4. Males must be at least 21 years old, and females must be at least 21 years old.
? According to Section 6 of the Special Marriages Act, the marriage official must post a notice about the same and allow anyone to voice their objections to the marriage officer within 30 days.
? Any person may approach the marriage officer under Section 7 of the Act to object to a marriage on the grounds that it violates one or more of the requirements listed in Section 4 Chapter 1 of the Special Marriage Act.
(5). The privacy aspect and concerns:
The Supreme Court of India ruled recently in KS Puttaswamy v. Union of India, a case involving nine judges, that the right to privacy is an essential component of the right to life and personal liberty under article 21 and that it is a part of the freedom guaranteed by part 3 of the constitution. It can only be revoked through the legal process, which must be just, equitable, and reasonable.
Numerous marriage acts exist, such as the Hindu Marriage Act. Muslim matrimonial law Parsi marriage act and the Christian marriage act. In all of the aforementioned marriage acts, the state and society are providing sanctification because they are the primary participants in marriage, not only through their involvement but also through the sanctification of the legal rights and obligations that follow marriage and other rights that remain intact before or after marriage.
For instance, in Hindu marriages, there is a custom known as Kanyadaan in which the woman's father presents her daughter to the man and his family, and the man's counterpart delivers the baraat to the girl's family. The main purpose of these rituals is to gain the sanctification and acceptance of the community and society at large.
However, nothing of the sort has been done in regards to the Special Marriages Act, and the information being brought up under Section 5 to post a notice is only being done to gather objections under Section 4 of the Act. This particular provision, in my opinion, is perfectly in line with the customs and traditions of marriage.
If not, there are a number of other options, such as cohabitation, in which case neither the community nor society will inquire about the couple's living situation. However, when a marriage occurs, both the community and society must be involved.
Section 4 of the Special Marriages Act only requires basic information to be given to the marriage officer; objections will only be considered if the request is outside the bounds of section 4 of the bare act. (As stated in a 2018 ruling by the Punjab and Haryana High Court).
(6). Conclusion:
Matrimony is a significant choice and part of a person's life. It gives a person a means of expressing and using their right to free will. When the other partner, family, and society support it, it is a blessing; however, those who are not fortunate enough to gain the support of their loved ones still have the unalienable right to have their decisions honored and safeguarded. Nobody ought to be able to impede someone from exercising their right to choose their partner. The fact that laws allow for this kind of intervention is regrettable.
Together, Articles 14, 19, and 21 have come to be known as the Indian Constitution's "golden triangle. They have the utmost significance and give the idea of the rule of law life. In all cases, their violation should result in the removal of the offending entity. It is time for the legislature and the judiciary to declare certain sections of the Special Marriage Act, 1954 to be unconstitutional, amend them accordingly, and do away with the outdated provisions that are still in place. These provisions clearly violate the golden triangle.The Special Marriage Act, while facilitating interfaith and inter-caste unions, intersects with privacy concerns. The act mandates public notice of marriages, potentially infringing on individuals' privacy. Striking a balance between societal transparency and personal privacy is crucial. The need for consent and protection of sensitive information is apparent. Recent legal discourse emphasizes the right to privacy as a fundamental right, urging a reevaluation of provisions within the Special Marriage Act. In conclusion, amendments aligning with contemporary privacy standards are imperative to ensure the Act's continued relevance while safeguarding individuals' personal autonomy and dignity.
(7).Citation:
1.Special Marriage Act, 1954, available at : https://www.drishtiias.com/daily-updates/daily-news-analysis/special-marriage-act-1954-4 (last visited on November 27 2023)
2. Vivek raj, Special Marriage Act And Privacy Concerns, available at: https://www.legalserviceindia.com/legal/article-3762-special-marriage-act-and-privacy-concerns.html (last visited on November 27 2023).
3. Rakesh beherat, Special Marriage Act, 1954, available at : https://www.scconline.com/blog/post/2021/02/20/special-marriage-act/ (last visited on November 27 2023).