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ARTICLE WRITING COMPETITION
(1st Position)
JYOTI & ISHIKA PRASAD
ICFAI LAW SCHOOL, HYDRABAD
INRODUCTION
Inter caste marriage is a marriage between people of two different castes. The days had gone by when people used to marry wherever their parents decided to blindly. The youth now have their own saying and choice and prefer to marry someone who is more compatible with them than marrying someone who belongs to their caste or religion. It is them who have to live for the whole of their life with their partner and therefore, caste or religion is not a matter of utmost consideration now at all. Love is a beautiful emotion, and something like caste or religion should not weigh it up. All religions are equal, and marriage shouldn’t be a big deal among them. We are conferred on caste or religion by birth and not by choice, so why are people of the lower castes seen with shame and disdain? India is a diverse country, and it is a pity to see things like this happening here. The Special Marriage Act is, therefore, a special law enacted to provide for a unique form of marriage by registration wherein the parties to the marriage do not have to renounce their religion.
SPECIAL MARRIAGE ACT, 1954:-
The Special Marriage Act, 1954, is an Enacted by the Parliament of India passed to provide the citizens of India and all Indian nationals in foreign countries with a special type of marriage, regardless of the religion or faith also that person practices. Personal rules do not regulate weddings solemnized under the Special Marriage Act.
Requirements under this Act
The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements.
The parties shall apply to the Marriage Registrar of the district in which at least in some way to the marriage having stayed for a time not less than thirty days immediately prior the date on which such approval is issued, a Notice of Planned Marriage in the prescribed form.
After the completion of thirty days from the date upon whom notified of a proposed marriage has been issued, the marriage can be solemnised, unless it can be referred to by another party.
'At the designated marriage office, the marriage will be solemnized.
Marriage is not legally binding until in the presence of the Marriage Officer and three witnesses, each party states 'I, (A), take thee (B), to be my lawful wife or husband.
CASES:-
LATA SINGH V. STATE OF U.P.
In this case, it was held by the court that the petitioner was a major and she was free to marry anyone she liked. It was held that the caste system was a curse to the nation and it was dividing the nation into several segments. The court directed the state machinery throughout the country to take appropriate steps and ensure that a boy or girl which undergoes an inter-caste marriage is not subjected to violence or harassment. The proceedings of the FastTrack Court were quashed directions were given for the institution of appropriate criminal proceedings against the brothers of the petitioner.
Intersection of special marriage act and love jihad in UP:
A legislation against huge religious conversions has also been cleared by the Uttar Pradesh government. However, the statute is also being used to target interfaith couples with consent, including those whose parents plan to marry. Other states, such as Madhya Pradesh and Haryana, are now considering 'Love Jihad' or 'anti-conversion' laws that use the garb of forced conversions to threaten interfaith marriages and compel persons to take special permits in order to marry under personal laws if they want to change their religion. The new 'Heart Jihad' laws establish situations that imply that any case of inter-faith marriage is simply a case of coercive conversion, contrary to the principle of the Special Marriage Act that recognizes the existence of interfaith marriages.
Taking into account the contradictions outlined above in the Special Marriage Act, and the criminalization of interfaith partnerships in the name of forced conversions, spouses are forced to choose between the devil and the deep blue sea. This dual legislation and far right surveillance is carrying out its anticipated mission of discouraging interfaith relationships and upholding the integrity of religion.
All in all, India's debate about marriage ceases to put young people at the forefront. Family and social influences have long played a part in deciding the destiny of young people. The legislation is further complicating the lives of young people who have chosen to choose their own spouses by making the enforcement of the Special Marriage Act so complicated.
Lastly, the attitude of the law is reflected in the name of the act itself — the ‘Special’ Marriage Act. A marriage that is considered exceptional because it is regarded as an exception, one that is out of the norm and requires ongoing scrutiny.
Latest Judgment of Allahabad High Court on Interfaith Marriages-
In a recent judgment, the Allahabad High Court has held that “Right to live with a person of his / her choice irrespective of religion professed by them, is intrinsic to right to life and liberty. Interference in a personal relationship, would constitute a serious encroachment into the right to freedom of choice of two individuals.”
We fail to understand if the law permits two persons even of same sex to live together peacefully, then neither any individual nor a family nor even state can have objection to relationship of two major individuals who out of free will are living together,” The judges observed.
CONCLUSION
Inter-standing marriage segment with respect to the Special Marriage Act. In India, marriage is considered as a sacred, divine, and was called the holy union. It’s a basic piece of our way of life. India is a large nation, and thereafter people from different religions and cultures live here. We know the degree of influence that rank and religion have in our country is still being thought of in numerous places in our nation as unimaginable. India takes over the position framework after an exceptionally unbending structure. Individuals are required to marry within their position, and anyone who marries out of their station and challenges the customary hindrances in the general public is avoided. There are numerous normal and tragically exposed admiration for killings; they are proud to do as well. Accordingly, a serious provision for the law came to wed for affection and to defend the interests of those individuals who transcended those stations and religious partitions. Thus the Parliament approved the Special Marriage Act of 1954 for individuals of India and for every single Indian national of outside nations, irrespective of rank or religion. The one of a kind aspect of the Special Marriage Act of 1954 is that any marriage solemnized in any other manner under any other law, Indian or nonnative, between any two persons may be enlisted under the Act.
REFERENCES:
Diva Rai, A Brief guide Special Marriage Act, I Pleaders (Jan. 23, 2021, 11:44 PM), https://blog.ipleaders.in/special-marriage-act/
Special Marriage Act (Dec 12, 2020, 18:00 PM) https://weddings.iloveindia.com
Marriages under Special Marriage Act not governed by Personal (Dec 12, 2020, 18:05 PM)
“Place And Form Of Solemnisation, Registered Marriage(tax4india.com) (16 Dec 2020, 20:15 PM) https://www.webcitation.org
The Special Marriage Act, 1954 (Dec 19, 2020, 20:25 PM) https://delhiadvocate.tripod.com
(2006) 5 S.C.C 475
Lata Singh v. State of UP
Anushree Jairath,Intersection of Special Marriage Act and Love Jihad (Jan 14, 2021, 21:20 PM) https://theprint.in
Asad Rehman, Judgement of Allahabad High Court on Interfaith Marriage (Dec 19, 2020, 18:43 PM) https://indianexpress.com
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