Complications with the Special Marriage Act, 1954

Here are the issues that come with this Act:

• Disagreements over Marriage – The ability to oppose marriage is one of the primary problems with the Special Marriage Act. This is a common tactic used to intimidate consenting couples and prevent or delay marriage. A January 2021 Allahabad High Court order states that couples wishing to wed under the Special Marriage Act formally are exempt from posting the obligatory 30-day notification of their choice to marry.
• Privacy-related Issues – It may also be seen as a privacy violation because the need for notices to be publicized could divulge the couple’s personal information and their upcoming marriage.
• Social Discrimination – It is still customary in many parts of India for people coming from various castes or faiths not to get married, and partners who decide to marry per the SMA may face discrimination and bias from their relatives and society.

The procedure can be made more unrestrained in the near future. Under this law, the government may make the marriage process more streamlined and straightforward. Furthermore, because it might lead to outside interference or harassment, the 30-day notice period that is necessary may be removed or changed, or an alternate provision can be provided in specific cases.

The government can attempt to broadcast information on this Act and its effects. Many Indians might not be aware of the provisions of the Special Marriage Act or that it permits them to wed someone who belongs to a different caste or religion. The government can raise public awareness of this law and its benefits in rural areas where the spread of information is low.

The Special Marriage Act (SMA) of 1954 is a personal regulation that lets couples in India marry or divorce their partners outside of religious marriage limitations. The SMA furnishes a legal foundation for the union of individuals from separate castes or faiths. In these marriages, the state, not any religious bodies, grants permission for the relationship. The judiciary system ensures that the rights of both spouses are protected under this Act.

These kinds of civil marriages are permitted to be performed for Indian citizens and Indian nationals residing overseas. This Indian Act, which acknowledges both lawful and religious weddings, is comparable to the requirements of the 1949 Marriage Act of the UK. The Act was designed around late 19th-century legislation.