SPECIAL MARRIAGE ACT, 1954 (Syllabus: GS Paper 2 – Polity)

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Context: A problematic order from the Madhya Pradesh High Court has given rise to the likelihood of a misinterpretation of the law around inter-faith marriages and a calling into question the scope of the Special Marriage Act, 1954.

Special Marriage Act, 1954

About: It is an Indian law that establishes a legal framework for marriages between individuals of diverse religions or castes.
It lays down the procedure for both solemnization and registration of marriage, where either of the husband or wife or both are not Hindus, Buddhists, Jains, or Sikhs.
Written Notice: According to this Act, the couples have to serve a notice with the relevant documents to the Marriage Officer 30 days before the intended date of the marriage.
Civil Regulation: It primarily regulates civil marriages, with the state's endorsement rather than religious institutions.
Age Limit: The minimum age to get married under the SMA is 21 years for males and 18 years for females.
Parallel with UK Law: In India, the legal recognition of both civil and religious marriages mirrors the provisions of the UK's Marriage Act of 1949.
Applicability: The Act is applicable to individuals of all faiths, encompassing Hindus, Muslims, Sikhs, Christians, Jains, and Buddhists, throughout India.
Prohibition of Polygamy: It forbids polygamy and declares a marriage null and void if either party had a spouse living at the time of the marriage or if either of them is incapable of giving valid consent to the marriage due to unsoundness of mind.
Succession Rights: Section 26 deals with succession under the SMA, recognising the validity of children born to people married under the SMA.

oMohammed Salim vs Shamsudeen (2019): It dealt with the issue of property succession arising out of a marriage between a Muslim man and Hindu woman under the Mohammedan Laws. This judgment should never have been considered as a precedent in either deciding the validity of an inter-faith marriage or for police protection.

Property Rights: Offspring of such marriages are not entitled to ancestral property but can obtain a share of their parents’ self-owned or inherited property.

Differentiation from Personal Laws

Conversion Requirements: Personal laws, such as the Muslim Marriage Act, 1954, and the Hindu Marriage Act, 1955, require either spouse to convert to the religion of the other before marriage.
Retention of Religious Identity: The SMA enables marriage between inter-faith or inter-caste couples without them giving up their religious identity or resorting to conversion.
Impact on Family Rights: Once married as per the SMA, an individual is deemed severed from the family in terms of rights like the right to inheritance.

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