The Allahabad High Court verdict comes out as a savior for Inter-Religious Couples who have been trapped in between the special Marriage Act & UP Anti-Conversion Ordinance.
The High Court has now permitted that couples who are seeking to solemnize their marriage under the Special Marriage Act, 1954 can now choose not to publish the required 30-day notice of their intention to get married.
In our society, many inter-caste and inter-faith marriages have been facing violent opposition in the name of community pride. Therefore, this provision would be a big step against the injustice done to such couples.
This notice of the high court of Allahabad is emphasizing on the objections created by a society that violates the right to privacy of couples. If a couple gives it in writing that they do not wish for the notice to be disclosed then the Marriage Officer can solemnize the marriage without any obstacle.
The objective of giving notice is to analyze identification, age, legalities, and legal approval from both parties. The drawback of the special marriage act was that it allows the harassment of the couple by society or family members or even goons who were against their marriage.
The High Court verdict happened because of the plea of a Muslim woman
who converted to Hinduism to get married to his partner who was Hindu, as the
couple saw the notice period under the Special Marriage Act as an attack on
their privacy.
What Is the Special Marriage Act, 1954?
The Special Marriage Act is an important constitution that is made to
analyze and register inter-religion and inter-caste marriages in India. It
allows two people to solemnize their marriage through a civil contract in which
no religious traditions are needed to be carried out.
What Is in Section 5 and 6?
Under these sections, the individuals who want to get married are supposed to give a notice in a marriage office for their marriage in a region where one of the individuals has been living for the last 30 days. After that, the marriage officer discloses the notice of marriage in his office.
If anyone having any disapproval of the marriage can file against it within 30 days. In case of any objection against the marriage is verified by the marriage officer then the marriage can be rejected. The court examined that such rules went against the fundamental rights and violated the privacy of individuals who want to marry.
Laws should not invade freedom and privacy. Justice Chaudhary’s said that including its individual's freedom to choose for marriage and that should not be interfered with by any community.
Therefore, the High Court has given a verdict that the provision of publication of notice of planned marriage under Section 6 and calling for objections under Section 7 of the Special Marriage Act, 1954 is no more mandatory.
Justice Chaudhary’s statements on ‘state and non-state actors’ will
certainly be read in the context of the Uttar Pradesh Prohibition of Unlawful
Conversion of Religion Ordinance, 2020, that especially targets inter-faith
marriages.
What Is The Anti-Conversion Legislation of Uttar Pradesh?
The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 specifies the protocol for undergoing religious conversion and prohibits unlawful religious conversion. The Ordinance imposes the burden of proof of the legality of religious conversion to the couples.
The Court pointed out that the social circumstances had been changed and there must be an evolution in law with time. In the current scenario, it would be unethical to force the present generation to obey society's expectations to follow the traditions adopted by a generation who were living many years back.
The Court said that the provisions of the special marriage act need to
be examined in the constitutional law especially after the declaration of the
right to privacy as a fundamental right under Article 21 which says that no
person shall be deprived of his life and personal liberty and can marry any
person of their choice.
Conclusion
The pros of the removal of the 30-day public notice requirement will help many couples who would otherwise have led one person to convert to another religion to avoid the inevitable interference, will now easily avoid the conversion of religion option and use the Special marriage act instead.
As the Uttar Pradesh anti-religion legislation of Uttar Pradesh or say ‘love jihad’ ordinance technically applies when there is a conversion of religion by one individual to their partner's religion to avoid any interruption in marriage by society. This judgment will now remove the possibility of changing religion for the sake of marriage.
Now that the High Court has worked on one of the major drawbacks of
the Special Marriage Act, we can hope that interfaith couples will now feel
safe and secure especially from the Uttar Pradesh Prohibition of Criminal
Conversion of Religious Ordinance Bill.
Written by - Supriya Singh
Edited by - Christeena George
Social