Source: The Hindu

Introduction

The principle that "ignorance of the law is no excuse" applies not only to those who commit offenses but also to judges this is recently seen in judgment by the Madhya Pradesh High Court, which declared the marriage between a Hindu girl and a Muslim boy invalid even under the SMA, 1954 has been strongly criticized by legal experts and advocates for its regressive nature.

This judgment represents a step backwards in societal progress and overlooks the fundamental purpose of the SMA. The SMA was specifically enacted to offer a legal framework for individuals who decide to marry someone from a different religious or belief background.

What is the Background of the Case?

• Justice GS Ahluwalia refused to protect an interfaith couple seeking to register their marriage under the SMA. The judge's reasoning was based on the interpretation of Islamic personal law.
  • Under Islamic law, the marriage between a Muslim man and a Hindu woman would be considered invalid it would still be considered irregular (fasid) under Islamic law, implying its lack of validity if the woman is deemed an idolatress or a fire-worshipper.
• The SMA is designed to be applicable to couples irrespective of their religious backgrounds.
• However, the judge's interpretation to challenge this inclusivity, particularly in cases involving interfaith marriages like that of a Hindu and a Muslim.
• It's worth noting that interfaith marriages, including those between Hindus and Muslims, solemnized under the SMA have previously been recognized and accepted by courts across the country.
  • This recent judgment introduces a new perspective that challenges this precedent.

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.
• 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.
• The SMA, 1954, acknowledges marriages between any two individuals if they fulfill the conditions outlined in Section 4 of the act.
  • This includes marriages between Hindus and Muslims, or between Muslims themselves, who opt to marry under the SMA rather than being bound by their respective personal laws.
• The essence of the SMA was to depart from the constraints of personal laws and provide a legal framework.

What is the Condition 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.

Conclusion

The Special Marriage Act, 1954 stands as a landmark legislation that upholds the principles of secularism, equality, and individual freedom in the realm of marriage. By providing a legal framework for inter-religious and inter-caste marriages, the Act promotes social unity and inclusivity. However, efforts are needed to raise awareness about the Act and address societal prejudices to fully realize its potential.