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.