The Imperative Need for Special Marriage Act in India

Abstract

India’s diverse cultural and religious landscape necessitates the establishment of a legal framework that accommodates individuals’ choices to marry outside the constraints of personal laws governed by religion. This article unequivocally emphasizes the critical need for a Special Marriage Act in India, providing a uniform and secular legal structure for marriages, regardless of religious affiliations.

Introduction

The current legal framework in India recognizes marriage as a union governed by personal laws based on religion. However, the evolving societal landscape demands a secular and uniform legal provision to address the concerns of individuals entering into inter-faith marriages, alongside providing legal recognition for unions irrespective of religious backgrounds. 

The implementation of a Special Marriage Act in India is not just a proposal but a fundamental requirement to provide a secular framework for marriage. It is imperative to allow individuals to solemnize their union without being subject to specific religious laws. This act is the need of the hour and will enable couples to register their marriage under a neutral legal provision, ensuring uniformity and legal recognition of their union, irrespective of their religious beliefs. In a diverse society like India, the choice of a life partner mustn’t be curtailed by the confines of religious personal laws. From a standpoint of fundamental rights and individual autonomy, the enactment of a Special Marriage Act is an absolute necessity. This legal provision is designed to safeguard the individual rights of citizens, allowing them to exercise their freedom to marry and choose a life partner independent of religious considerations.

What is Marriage?

The act of marrying is the ceremony by which two persons are made husband and wife; matrimonial unions [s. 112, Indian Evidence Act and s. 2(a), Indian Majority Act]. Marriage, also known as matrimony or wedlock, is a legally recognized union of two people in a socially recognized process that establishes rights and obligations between those people and between their (if any) biological or adopted children.

Under the common law system, a marriage was interpreted as a contract in which two people entered by mutual consent, and that turned into a legal matter, from which our laws and principles emanated. This marriage was viewed as the key to the family unit and necessary for the cohesion of the community and morals. It has officially been evangelized that the man is at the center of the family. In today’s time, there are more legal obligations than traditional morality. According to the State’s law, they are still required to ensure the proper conduct of marriages. Courts have effectively been given the power by states to control the marriage system.                               

[Marriage Act, 1835, 5 & 6 wm. 4, c. 54 (U.K.)] — Essentials of Contract — The age for marriage has been fixed from the earliest times at 14 for males, 12 for females (In India 18 for females & 21 for males). Each party must go through the ceremony, consenting as a free agent without fraud or duress (see Scott v. Sebright (1886) 12 PD 21). They must be unmarried. If a husband or wife is absent for seven years without being heard of, the other party marrying again cannot be prosecuted or convicted for bigamy. But proof that the absent husband or wife was alive at the time of the second marriage will invalidate it. Persons who are divorced may marry again after the decree is made absolute. Before 1835, marriages between persons who were within the prohibited degrees of consanguinity i.e., the degrees as set out in the Book of Common Prayer, were incestuous and the contracting parties might be censured or excommunicated by the Ecclesiastical Courts. But such marriages were not void and the children which resulted from such a union were not illegitimate unless and until, during the lifetime of the parties, the marriage had been declared void by the Ecclesiastical Courts; but as soon as this declaration was made the marriage was void ab initio and for all purposes. The Act itself, however, contains no allusion to any question of reviving the power of an ecclesiastical court to declare void the marriage between a man and his deceased wife’s sister. In 1835 Lord Lyndhurst was anxious to get validated a marriage that he had contracted with his deceased wife’s sister and there was passed the Marriage Act, 1835 (commonly called Lord Lyndhurst’s Act), 5 & 6 Wm. 4, c. 54, Chit. Stat. ‘Marriage.’ This Act was a compromise and ratified all marriages celebrated before the passing of that Act and by S. 2: ‘All marriages which shall hereafter be celebrated between persons within the prohibited degrees of consanguinity or affinity shall be absolutely null and void whatsoever.’

Special Marriage Act

The secular personal law in India accommodates interfaith couples with a way out from the religious law of marriage through the Special Marriage Act, of 1954. Special Marriage Act, 1954 – This Act has provided a legal framework in India for the marriage of persons belonging to different religions or castes.   

It regulates a civil marriage where the state gives its approval to the marriage rather than the religion. The Act applies to all persons, believers of all faiths whether Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, or Buddhists in the entire country of India. It provides for the registration of marriage, which in turn gives legal recognition to such marriage and confers several legal benefits and protective safeguards to the couple regarding inheritance rights, succession rights, and social security advantages. It requires, among others, that monogamy declares null and void any marriage in the case when one of the parties had a spouse living at the time of the marriage, or either party is incapable of giving consent to the marriage because of unsoundness of mind.

It makes provisions for a valid marriage, requirements for an indissoluble marriage, dissolution of an inter-faith marriage, and marriage registration, among others. It is within this that the legislature enacted the aforementioned piece of legislation for violating the basic rights of the people and denying them freedom to choose their married partners. The Act also contemplates decreasing the threat of honour killing and love jihad and it also acknowledges the rights of children born out of such marriages. Since the Indians believe in marriages with proper rituals, customs, and ceremonies that include Pomp and show & extravagant celebrations, none of them is required by the Special Marriage Act. Thus, the basic requirement under this Act for the validity of a marriage is the consent of the contracting parties. Here, if both parties are willing to marry each other that is sufficient; caste, religion, race, etc. cannot act as a barrier to their union. For marriage under this Act, the parties shall file with the district’s Marriage Registrar a notice stating their intention to marry each other in which at least one of the parties to the marriage has lived for at least 30 days before the date on which such notice is filed. After the expiry of 30 days from the date of issuing such notice, the marriage is then said to be solemnized. But if any person related to the parties objects to this marriage and the registrar finds that it is a reasonable cause for objection, on such grounds he can cancel the marriage. A valid marriage needs the consent of parties before the Marriage Officer and three witnesses. These are the basic things one should know about a valid marriage under the Special Marriage Act, which every Indian should be aware of.   

 This act will be very prominent here in India under the Special Marriage Act of 1954. The main motive is to create unions among people from different religions, castes, and communities into holy wedlock. The Special Marriage Act of 1954 will build up love, unity, and equality according to the Act. The Special Marriage Act of 1954 coupled social harmony with oneness in India. This act provides the facility of marriage without any problems to any person belonging to a different religious background. These marriages have been legalized under this very Act and make our country more inclusive and secular. Further, the right to choose a life partner irrespective of religion/caste is itself protected under the Special Marriage Act. It allows marrying persons to decide on their life partner independent of their family’s wishes or religious identity. Thus, the Act permits marriage and secures the rights of the individual, hence exercising equality and not leading to discrimination. Forcing a person to marry against his/her wishes can amount to emotional distress and loss of freedom. The Special Marriage Act avoids forced marriages. The consent of the parties has to be in express words for the marriage to be performed. The marriages solemnized under the Special Marriage Act are legally valid in India, and the couple can derive many advantages from it. This act confers upon them rights that extend to inheritance, property, social security, and access to healthcare facilities. It also safeguards the children born out of such marriages and confers on them rights relating to inheritance. The Special Marriage Act makes the procedure for marriage registration simpler. Doubtless, it has introduced a uniform pattern both in the marriage ceremony and its registration under this Act. Much of the religious affairs are now easier to handle and less tedious. The Act provides for a couple to register their marriage with authorities in allowance. The Act provides legal backing for such marriage to enable easy documentation. 

Case Laws

1. Lata Singh v State of Uttar Pradesh & Anr.

The judgment in the case of Lata Singh v. State of Uttar Pradesh & Anr has made things clear about the validity of inter-caste marriages. It can be understood from the verdict of the court that any person who is a major is entitled to have a partner of his choice. It can further be considered as a part of Article 21 of the Indian Constitution. Violence due to family members because of inter-caste or different religions marriage is a barbaric practice, something unjust, as that would be a curtailment of the fundamental right of a person because of some people’s feudal mindsets. The Supreme Court has observed that the right to choose a life partner is a fundamental right guaranteed under the Indian Constitution and parents or other family members cannot interfere with the choice of a consenting adult. At the very least, the special marriage act allows a way out for them to marry outside their caste or religion, the court held while pointing out that the Act should be liberally construed to protect the right of a person to choose a life partner. 

2. Seema v. Ashwani Kumar AIR 2006 SC 1158.      

The Supreme Court has held in Seema Vs Ashwani Kumar that a marriage solemnized under the Special Marriage Act cannot be declared null and void merely because one of the parties was already married under a different law. It held that the Special Marriage Act is a separate legal regime for solemnizing and registering marriages, and registration of marriage under the Act of 1954 wouldn’t be impacted by the existence of a prior marriage. It not only made a shield for married women while facing hardships and atrocities and were denied their marital rights such as to reside in their matrimonial home, maintenance, etc. but still protected the minor girls from atrocities like child marriage, being sold off by their parents under the guise of marriage, forceful marriage without the consent, etc. It is just one of those several examples of incessant and unabated efforts the judiciary is making to preserve the rights of the people by proper interpretation of the provisions of law in such a fight against evils in society.

3. Rani Narsimha Sastry v. Rani Suneela Rani.

In the case of Rani Narasimha Sastri Vs Rani Suneela Rani, it has been held by the Supreme Court that marriage registered under the Special Marriage Act is valid even when one of the spouses was a minor at the time of marriage. The court has held that the Act doesn’t require parties to be of a specific age but only requires them to be of legal age to marry according to their personal laws.

Conclusion

The enactment of a Special Marriage Act in India is not merely an option but an imperative. It is essential to accommodate and affirm the diverse socio-religious fabric of the nation, void of any ambiguity. This act will uphold the rights of individuals to solemnize their union under a secular legal provision, fostering an environment of unequivocal equality, freedom, and social integration. The provision of the Special Marriage Act 1954 allows all to marry without taking into consideration any religion or caste. The Special Marriage Act promotes unity, equality, and individual rights so that social harmony and inclusiveness can be built. This law ensures safeguards and recognizes one’s love. This Act is the essential one for India. This act gives freedom to its individuals as to whom they want to marry and thus helps to promote a harmonious society. 

Reference

1. Legislative Department < https://legislative.gov.in/legal-glossary/ ><https://cdnbbsr.s3waas.gov.in/s380537a945c7aaa788ccfcdf1b99b5d8f/uploads/2023/02/2023021748-4.pdf >
2. SCC Online < https://www.scconline.com/Members/wordsandphrases.aspx >
3. Legal Information Institue < https://www.law.cornell.edu/wex/marriage >
4. Special Marriage Act. 1954 (2023) Drishti IAS < https://www.drishtiias.com/daily-updates/daily-news-analysis/special-marriage-act-1954-4 > accessed 18 February 2023.
5. Sonali Chauhan & Jaya Vats, Special Marriage Act, 1954 (2022) iPleaders <https://blog.ipleaders.in/special-marriage-act/ > accessed 3 November 2022.
6. Special Marriage Act: Overview, Procedure & Importance! (2024) Testbook <https://testbook.com/ias-preparation/special-marriage-act#:~:text=This%20Act%20allows%20couples%20to,and%20equality%20in%20Indian%20marriages.> accessed 21 January 2024. 
7. Kakoli Nath, Special Marriage Act: What Is It? (2023) Finology < https://blog.finology.in/Legal-news/special-marriage-act#:~:text=In%20the%20case%20of%20Rani,at%20the%20time%20of%20marriage. > accessed on 23 May 2023.

Citation  

1. Lata Singh v State of Uttar Pradesh & Anr AIR 2006 SC 2522; (2006) 5 SCC 475; 2006 (56) ACC 234
2. Smt. Seema v. Ashwani Kumar AIR 2006 SC 1158. https://vidhinama.com/tag/case- analysis-smt-seema-v-ashwani-kumar-air-2006-sc-1158/
3. Mr. Rani Narasimha Sastry vs Rani Suneela Rani on 19 November, 2019 cites

           Section 498A in the Indian Penal Code, 1860.