Introduction

India has seen many necessary societal reforms over the years, but even now, marriage between interfaith couples is frowned upon in many parts of society. This was even more so during the British rule, the major issue was personal laws of religions did not cover marriage between interfaith couples, and such couples did not want to solemnize their marriage in accordance with any particular law either, thus, The Special Marriage Act, 1872 was first enacted on 2nd March 1872. 

In Post Independence era, the government felt the need to enact alternate legislation to this, as the existing law had too many loopholes. And thus, to provide a remedy for people who wanted a separate provision for solemnization and registration of marriage through the civil contract and registration, without giving up their religious identity, The Special Marriage Act, 1954 was enacted. This act applies to Indians who wish to marry irrespective of their religion, caste, or creed.

In this regard, it is also important to note that the Right to Marry was held as a fundamental right under the ambit of the Right to life and personal liberty, Article 21 of the Constitution in Shafin Jahan vs Ashokan K.M. & Ors. (Hadiya Marriage Case) (Criminal Appeal No. 366 of 2018 (arising out of SLP (Crl.) No. 5777 of 2017)).

To whom does the Special Marriage Act apply?

The Act is applicable in the following situations:

1. Inter-religious Marriages: When individuals belonging to different religions wish to get married, the Special Marriage Act, 1954 can be applied.
2. Inter-caste Marriages: The Act can be used when two individuals from different castes wish to get married.
3. Civil Marriages: The Act applies to those who wish to have a civil marriage rather than a religious one.
4. Love Marriages: The Act is also applicable to those who wish to marry out of love, without any regard to their caste, religion, or creed.

The Special Marriage Act, 1954 provides a legal framework for the solemnization and registration of marriages. It enables couples to marry without having to convert their religion or caste. The Act also allows for the registration of marriages and provides for the issuance of a marriage certificate, which is legally recognized as proof of marriage.

Navtej Singh Johar v. Union of India, 2018, (Criminal Original Jurisdiction Writ Petition (Criminal) No. 76 of 2016) was a landmark judgment delivered by the Supreme Court of India on September 6, 2018. The case was filed by a group of petitioners who challenged the constitutional validity of Section 377 of the Indian Penal Code (IPC), which criminalized homosexuality. This is an important case law to note as along with decriminalizing homosexuality, it brought homosexual marriage under the ambit of The Special Marriage Act, 1954.

Although recently, the Government has refused to recognise same-sex marriages in the Supreme Court in response to petitions by same-sex couples. “Living together as partners and having a sexual relationship by same-sex individuals…  is not comparable with the Indian family unit concept of a husband, a wife and children,” the law ministry argued. So, Gay marriages still do not have legal sanctions in India.

The Special Marriage Act, 1954 applies to all citizens of India, regardless of their religion, caste, or creed. However, there are certain categories of people who may not be able to use this Act to get married.

The Act does not cover the following situations:

1. If either of the parties is already married and the previous marriage is still valid. It is essential for parties to be unmarried or not have a living spouse at the time of marriage.
2. If the parties are within the prohibited degrees of relationship, as defined by the Act, such as siblings, aunt-nephew, uncle-niece, etc.
3. If either party is of unsound mind and incapable of giving valid consent.
4. If either party is under the age of 18 years (for males) or 21 years (for females).
5. If either party is not a citizen of India.
6. If either party is a foreign national and has not fulfilled the conditions of the Foreign Marriage Act, 1969.
7. If either party is undergoing a mental illness treatment or has an infectious disease like HIV, tuberculosis, or leprosy.

Conditions of a valid marriage under The Special Marriage Act, 1954

Section 4 of The Special Marriage Act, 1954 lays down certain conditions that need to be fulfilled for a marriage to be considered valid. These conditions are as follows:

1. Age: The bridegroom must have completed 21 years of age, and the bride must have completed 18 years of age.
2. Mental and Physical Capacity: Both parties must be of sound mind and capable of giving valid consent. They must also be physically capable of consummating the marriage.
3. Prohibited Relationships: The parties must not be within the prohibited degrees of relationship. The Act provides a list of relationships that are not allowed to marry, such as siblings, aunt-nephew, uncle-niece, etc.
4. Consent: The parties must give free and informed consent to the marriage. There should be no force, fraud, or coercion involved.
5. Monogamy: The parties must not have a living spouse at the time of the marriage. The Act prohibits polygamy.

Important provisions of the Special Marriage Act

The Special Marriage Act, 1954 is a secular law that provides a legal framework for the solemnization and registration of marriages between individuals belonging to different religions, castes, or creeds. Some of the important provisions of the Act are as follows:

1. Validity of Marriage:Section 4 of the Act lays down certain conditions that need to be fulfilled for a marriage to be considered valid. These include age, mental and physical capacity, consent, prohibited relationships, monogamy, and notice.
2. Prohibited Relationships: Section 2 (b) of the Act talks about prohibited relationships, and the list of the same is given in the first schedule of the Act. This is a list of relationships that are not allowed to marry, such as siblings, aunt-nephew, uncle-niece, etc.
3. Notice of Marriage: Section 5 of the Act requires the parties to give notice of their intention to marry to the Marriage Officer of the district in which at least one of them has resided for a minimum of 30 days prior to giving the notice.
4. Objections to Marriage: The Marriage Officer may invite objections to the marriage from any person who has a valid reason to object. If no objections are received, the marriage can be solemnized after 30 days from the date of the notice under Sections 7 and 8 of the Act.
5. Solemnization of Marriage: Section 12 of the Act provides for the solemnization of marriage by a Marriage Officer in the presence of three witnesses.
6. Special Marriage Certificate: Section 13 of the Act provides for the issuance of a special marriage certificate, which is legally recognized as proof of marriage.
7. Registration of Marriage: Sections 15 and 16 of the Act deal with the procedure of registration. There are no religious rites necessary under Section 16 of the Act which defines the procedure for the registration of marriage. The Act only requires the parties to register their marriage with the Marriage Officer within 30 days of the solemnization.
8. Dissolution of Marriage: The Act provides for the dissolution of marriage through a divorce under Section 27.
9. Maintenance and Alimony: Section 36 and 37 of the Act provides for the payment of maintenance and alimony to the spouse in case of separation or divorce.

Important case laws on Special Marriage Act, 1954

Some of the important case laws regarding the Special marriage act are as follows:

Lata Singh Vs State of UP (2006)

Writ Petition (Crl.)  208 of 2004 decided on 7 July 2006: In this case, the Supreme Court held that the right to choose a partner of one’s choice is a fundamental right and that parents cannot interfere with the choice of an adult son or daughter in choosing their life partner. The court observed that the Special Marriage Act provides a mechanism for couples to marry outside their caste or religion and that the Act should be encouraged to promote social harmony.

Sarla Mudgal Vs Union of India (1995) 1995 AIR 1531:

In this landmark case, the Supreme Court held that a marriage solemnized under the Special Marriage Act cannot be dissolved by invoking personal laws. The court observed that the Act provides for a secular form of marriage that is not governed by religious laws and parties to such a marriage cannot seek relief under personal laws.

Smt. Seema Vs Ashwani Kumar (2006) Transfer Petition (civil)  291 of 2005 decided on 14 February 2006: 

In this case, the Supreme Court held that a person who marries outside their caste, community or religion under the Special Marriage Act does not lose their right to ancestral property. The court observed that the Act is intended to promote inter-caste and inter-religious marriages and is a special form of marriage that is not governed by personal laws.

Vasmi Sudarshini v. Sub Registrar (2022) WP (MD) No. 15511 of 2022, decided on 28-07-2022:

In this case, the High Court of Madras allowed a couple to solemnize their marriage virtually under Section 12 of the Special Marriage Act, in response to the writ filed by the petitioner who was the bride in Kanyakumari while her bridegroom was U.S. national.

Conclusion

Thus, in conclusion, the Special Marriage Act 1954 provides the legal basis for marriage without changing one’s religion or caste. This is a secular law that provides a legal framework for the solemnization and registration of marriages between individuals belonging to different religions, castes, or creeds. And enables couples to marry out of love, irrespective of their background, and provides a means for the registration of their marriage. The need of the hour is to let go of the prejudice against interfaith marriages and accept this act both on societal and mental levels because marrying someone is entirely an individual choice and thus caste, creed, and religion should not be a hindrance to that.