 "Love triumphs all as Sonakshi-Zaheer tie the knot under Special Marriage Act: What is it?")
Actors Sonakshi Sinha and Zaheer Iqbal on Sunday married under the Special Marriage Act, after dating for seven years, in Mumbai. The couple’s wedding photos, shared on their social media handles, have gone viral, featuring Zaheer signing the wedding documents while Sonakshi stands with her father, veteran actor and politician Shatrughan Sinha.
The inter-faith couple chose a civil marriage ceremony over religious rituals.
The Special Marriage Act, 1954, is an Indian law that provides a special form of marriage for people of India and Indian nationals in foreign countries, regardless of their religion or faith. The Act was introduced to facilitate marriages that do not conform to the personal laws of different religions. It extends across India, and also applies to Indian citizens domiciled in territories where the Act is enforced.
Key provisions of the Special Marriage Act:
Secular marriage: The Act allows for a civil marriage, independent of religious rituals or customs.
Applicability: It applies to all Indian citizens, irrespective of religion, and extends to Indian nationals living abroad.
Marriage registration: The marriage is performed by a Marriage Officer and registered officially.
Age and consent: The minimum age for marriage is 21 years for men and 18 years for women, with both parties giving free and full consent.
Notice of intended marriage: Couples must give a 30-day notice to the Marriage Officer, during which objections can be raised.
Objections and inquiry: The Marriage Officer must inquire into any objections within 30 days. If valid, the marriage cannot proceed.
Solemnisation and registration: The marriage is solemnised in the presence of three witnesses, and a marriage certificate is issued.
A look at the marriage process under the Special Marriage Act:
The Special Marriage Act outlines a detailed procedure for both the solemnisation and registration of marriage. The process includes:
Submission of notice: Couples must submit a notice with relevant documents to the Marriage Officer 30 days before the intended marriage date.
Public notice: A copy of the notice is posted publicly, and another is sent by registered post to the addresses provided by the parties.
Objections: Any objections raised during the 30-day period are examined by the Sub-Divisional Magistrate (SDM).
Solemnisation: After resolving any objections, the marriage is solemnised with both parties and three witnesses present.
Registration: The marriage is registered, and the certificate serves as conclusive proof of the marriage.
The pros and cons of the Special Marriage Act:
Benefits include:
Inter-religious marriages: The Act is particularly beneficial for couples from different religious backgrounds who wish to marry without converting to each other’s religion.
Legal safeguards: It provides a legal framework for marriage registration and divorce, independent of religious laws.
Gender equality: Ensures equal legal standing and rights for both partners.
Simplified procedure: Focuses on legal requirements rather than religious ceremonies, making the process straightforward.
Challenges are:
Notice period: The 30-day notice period can invite societal scrutiny and objections, causing stress for couples.
Bureaucratic hurdles: Extensive documentation and potential objections can be daunting.
Lack of awareness: Many people are unaware of the Act, leading to underutilisation despite its benefits.
Several high-profile couples have opted for the Special Marriage Act, setting an example for many others, such as Kareena Kapoor Khan and Saif Ali Khan, Soha Ali Khan and Kunal Khemu, Sanjay Dutt and Manyata Dutt, Kishore Kumar and Madhubala.
Legal judgements around the Special Marriage Act
The implementation of the Special Marriage Act has seen various challenges and significant court judgments:
Sarla Mudgal v. Union of India (1995): Addressed bigamy and conversion to Islam for remarriage, emphasising the need for a uniform civil code.
Lata Singh v. State of Uttar Pradesh (2006): Upheld the right of an adult woman to marry by choice, underscoring protection under the Act.
Shafin Jahan v. Asokan K.M. (2018): Known as the Hadiya case, reaffirmed the right to marry as a fundamental right under Article 21 of the Constitution.
Despite its progressive framework, the Special Marriage Act faces challenges like societal pressures during the notice period and the need for better awareness, especially in rural areas. Advocates call for reducing the notice period and streamlining the process to protect couples’ privacy and rights.
WATCH: Sonakshi Sinha stuns in a red traditional dress for her wedding with Zaheer Iqbal; Salman Khan, Rekha, Netflix's 'Heeramandi' co-star Aditi Rao Hydari grace the occasionThe ongoing debate also includes same-sex marriages under the Act reflecting on the evolving understanding of marriage and equality in India.
The Special Marriage Act is a cornerstone of secularism and inclusivity in India’s diverse legal landscape. By providing a legal route for interfaith and inter-caste marriages, the Special Marriage Act upholds principles of equality and personal freedom.
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