Private Space

Context: Recently, the Allahabad High Court ruled that people marrying under the Special Marriage Act, 1954, can choose not to publicize their union with a notice 30 days in advance.

Significance of the judgement:

• Protecting and promoting inter-caste and interfaith marriage: especially those are against the wishes of the family and immediate community.
  • Ruling can now be cited across India to prevent public notices under the Special Marriage Act.
    • Under Section 5 of the Act, which enables in­ter­faith marriages, the couple has to give notice to the Marriage Officer;
    • Under Sections 6 and 7, the o?cer has to publicize the notice and call for objections.
  • In line with the Supreme Court’s Hadiya judgement which upheld an individual’s right to choose a partner.
• Protecting the right to privacy: The court said that
  • Mandatorily publishing a notice of the intended marriage and calling for objections violates the right to privacy.
  • Laws should not invade liberty and privacy, hence including within its sphere freedom to choose for marriage without interference from state and non-state actors, of the persons concerned.
• Can help interfaith couples against Uttar Pradesh government’s anti-conversion law: which declares conversion of religion by marriage to be unlawful
  • It also mandates a 60-day notice to the District Magistrate and mandatory police inquiry to find out the explicit reason for the conversion.