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Special Marriage Act (SMA) 1954

Special Marriage Act

In India, there’s a law called the Special Marriage Act (SMA) 1954, which offers a different way for couples from different religions to get married. Instead of following specific religious laws, interfaith couples can choose the Special Marriage Act as an alternative route for their marriage.

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What is the Special Marriage Act 1954?

The Special Marriage Act (SMA), 1954 is a law in India that makes it possible for people from different religions or castes to get married legally. This law deals with civil marriages, meaning the state approves the marriage instead of it being solely based on religion. In India, we recognize both civil and religious marriages, and this setup is comparable to the Marriage Act of 1949 in the United Kingdom.

Need for this Act

  • In matters like marriage, divorce, and adoption, personal laws are guided by religious regulations that are organized into legal codes. For example, there’s the Muslim Marriage Act of 1954 and the Hindu Marriage Act of 1955. According to these laws, if two people from different religions want to get married, one of them may need to convert to the other’s religion.
  • However, the Muslim Marriage Act, 1954, provides a more inclusive option. It allows inter-faith or inter-caste couples to tie the knot without either partner having to give up their religious identity or resort to conversion. This means couples can maintain their individual beliefs and still get married under the provisions of the law.

Issues 

Objections to Marriage: Some people find a major flaw in the Special Marriage Act because it allows anyone to object to a marriage. Unfortunately, this provision is misused by some to trouble couples who are happily agreeing to tie the knot. This can lead to unnecessary delays or even prevent the marriage from happening.

Positive Legal Change in 2021: Good news came in January 2021 when the Allahabad High Court ruled that couples wanting to marry under the Special Marriage Act don’t have to announce their intention to marry 30 days in advance. This decision gives couples more flexibility and helps protect them from potential harassment.

Privacy Concerns: One of the downsides of the law is that couples are required to make a public announcement of their marriage plans. This is seen by many as an invasion of privacy because it exposes personal details about the couple and their decision to get married.

Social Stigma: Sadly, in various parts of India, marrying someone from a different caste or religion is still not widely accepted. Couples opting for the Special Marriage Act may have to confront social stigma and discrimination from their own families and communities. This societal pressure can make it challenging for them to freely choose their life partners.

Way forward

Simplifying the Marriage Process: Let’s make it easier for couples to tie the knot under this law. The government should simplify and streamline the whole marriage process, cutting down on unnecessary steps and paperwork.

Addressing the 30-Day Notice Issue: The 30-day notice period is causing problems, with potential interference or harassment from outsiders. Maybe we can get rid of this rule altogether or at least make it optional in certain situations.

Spreading the Word: Lots of folks in India don’t know much about the Special Marriage Act. They might not even be aware that they can marry someone from a different religion or caste under this law. It’s time for the government to step in and spread the word, especially in rural areas where not many people know about these options.

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