Source: The Hindu

Introduction

The Madhya Pradesh High Court recently issued a controversial order regarding an inter-faith marriage petition, raising concerns over potential misinterpretations of the law and the implications for the Special Marriage Act, 1954 (SMA). The case involved an unmarried Hindu-Muslim couple seeking protection, with the High Court questioning the validity of their marriage under SMA.

What is the Special Marriage Act, 1954?

• In India, personal laws are determined by an individual's religion. For instance, Hindus follow the Hindu Marriage Act, Christians abide by the Indian Christian Marriage Act, and Parsis adhere to the Parsi Marriage Act. Muslims, on the other hand, are governed by the Muslim Personal Law (Shariat) Application Act of 1937.
  • Various aspects such as divorce, inheritance, and adoption are regulated by laws like the Hindu Succession Act, the Indian Succession Act, and the Hindu Adoption and Maintenance Act.
• Previously, there were no existing laws governing interfaith marriages or providing legal recognition to civil marriages conducted by government officials. This gap led to the introduction of the SMA in 1954.
  • This act was designed to oversee civil marriages between Indian nationals, both within the country and abroad, regardless of their religious backgrounds.
• The SMA applies uniformly across all Indian states and to Indian nationals residing in other countries. It allows any two individuals, regardless of religion, to marry under its provisions. This means that even individuals of the same faith can choose to marry under the SMA if they prefer.

What are the Objectives of SMA?

• The Special Marriage Act (SMA), 1954, aims to provide a special form of marriage for people regardless of religion or faith followed by either party.
• It aims to facilitate inter-religious and inter-caste marriages by providing a legal framework that allows individuals to marry without converting to the religion of their partner.
• This Act is designed to promote secularism, individual freedom of choice in marriage, and social harmony by enabling marriages based on mutual consent and without religious barriers.

What are the Conditions of Getting Marriage in SMA, 1954?

• Neither party must have a living spouse. If either has been previously married, it's crucial that the prior marriage is legally dissolved before seeking marriage under the SMA.
• Both individuals must be capable of freely and fully consenting to the marriage.
• The female partner must be at least 18 years old, and the male partner must have reached 21 years of age at the time of applying for marriage.
• Marriage cannot be solemnized if the parties fall within the prohibited degrees of relationship according to the customs of either party.
• These prohibitions can vary. In Hindu law, marriage between siblings, uncle and niece, aunt and nephew, or the children of siblings is prohibited.

What are the Key Provisions of the Special Marriage Act?

• Section 4: There are certain conditions laid down in Section 4 of the Act:
  • It says that neither of the parties should have a spouse living.
  • Both the parties should be capable of giving consent; they should be sane at the time of marriage.
  • The parties shall not be within the prohibited degree of relations as prescribed under their law.
  • While considering the age, the male must be at least 21 and the female be 18 at least.
• Section 5 and 6:
  • Under these sections, the parties wishing to marry are supposed to give a notice for their marriage to the Marriage Officer in an area where one of the spouses has been living for the last 30 days.
  • Then, the marriage officer publishes the notice of marriage in his office.
  • Anyone having any objection to the marriage can file against it within a period of 30 days.
  • If any such objection against the marriage is sustained by the marriage officer, the marriage can be rejected.

What are the Drawbacks of Madhya Pradesh High Court Judgment?

Violation of Article 21:

• The Madhya Pradesh High Court focused on whether the inter-faith couple's marriage would be valid instead of addressing the threats they faced and their need for protection.
• This approach has overlooked their basic right under Article 21 of the Constitution of India,1950 which protects their life and freedom regardless of whether their marriage is registered.

Irrelevant Reference:

• The Madhya Pradesh High Court's order contradicts the core principles and objectives of the Special Marriage Act.
• By citing case of Mohammed Salim v. Shamsudeen (2019) a Supreme Court precedent related to property succession in a Muslim-Hindu marriage, the Court improperly applied it to decide the validity of inter-faith marriages and the granting of police protection, which it should not have done.

Section 4 of SMA:

• The Madhya Pradesh High Court's reliance on Section 4 of the Special Marriage Act, which pertains to marriages within prohibited degrees of relationship, is fundamentally flawed.
• This provision specifically prohibits marriages between individuals who are closely related, not those of different faiths.
• The Court's misunderstanding fails to acknowledge that the Act's purpose is to enable marriages between any two Indian nationals, regardless of their religious affiliations.

Inter-faith and Inter-caste marriages

• In today's socio-political environment, inter-faith and inter-caste marriages face vigilantism, especially when not approved by parents. This is exacerbated by concepts like "love jihad" and right-wing propaganda.
• Shafin Jahan v. K.M. Asokan (2018)
  • The Apex Court in this case held that the validity of the marriage cannot be decided by the court of law in the case of major individuals.
  • The right to marry is not expressly mentioned under the Constitution of India but its interpretation can be guided by Article 21 which provides for the right to life and personal liberty.
• Recent interpretations should align with constitutional principles of autonomy, privacy, and liberty, ensuring that personal choices in matters like marriage are protected without undue interference from societal norms or prejudices.

Conclusion

The Madhya Pradesh High Court's recent decision goes against the goals of the Special Marriage Act, 1954. By questioning the validity of an inter-faith marriage instead of protecting the basic rights of the individuals involved, the court has overlooked the Act's aim of supporting people's freedom to choose their partners and promoting equality. This situation highlights the importance of ensuring that judicial decisions uphold personal freedoms and constitutional values, despite societal challenges or religious differences.