Concept and Legal Framework
Court marriage in India is governed by the Special Marriage Act, 1954, allowing individuals to marry regardless of religion or caste. It treats marriage as a civil contract, supporting the constitutional values of equality, liberty, and secularism. This Act enables couples to marry outside religious norms with legal validity.
Objectives of the Special Marriage Act
The Act's primary goal is to facilitate interfaith and inter-caste marriages without requiring religious conversion. It establishes a uniform process applicable across religions, ensures marriages are conducted with full consent, and protects couples from coercion and societal pressures. It also contributes to gender justice and secular governance.
Procedure for Court Marriage
The process begins with a notice submitted to the district Marriage Officer. The notice is displayed publicly for 30 days to allow objections. If none are valid, both individuals, along with three witnesses, sign a declaration before the Officer. The marriage is then solemnized, and a certificate is issued—serving as conclusive legal proof.
Eligibility Criteria
The groom must be at least 21 years old and the bride 18. Both must be of sound mind and able to give valid consent. They must not be within the prohibited degree of relationship unless custom permits and should be unmarried at the time of filing the application.
Legal Protections
Court marriage offers legal security and civil rights such as divorce, maintenance, and inheritance. It protects individuals from social or familial retaliation, and courts can order police protection if required. The children from such marriages are deemed legitimate, and succession is governed by secular inheritance laws.
Interfaith & Inter-Caste Implications
Although the Act legally enables interfaith and inter-caste marriages, societal resistance remains high. Family opposition, local pressure, and political issues often complicate these unions. Nevertheless, the Act is crucial for promoting social unity and secular democratic values.
Judicial Interpretations
In Lata Singh v. State of U.P., the Supreme Court reaffirmed that adults have the freedom to choose their spouse. In Shafin Jahan v. Asokan, the right to marry was recognized as part of Article 21’s personal liberty. Courts across India have consistently provided protection to such couples and held state officials accountable for harassment.
Constitutional & Doctrinal Foundations
The SMA embodies constitutional doctrines like autonomy, equality, and secularism. It reflects India’s commitment to transformative constitutionalism by challenging caste hierarchies and patriarchal norms. It is aligned with Articles 14, 15, and 21 of the Constitution and plays a transformative role in Indian society.
Limitations & Controversies
The 30-day notice period has been heavily criticized for enabling harassment of couples. Some state officials act with bias and delay the procedure. Furthermore, same-sex couples are currently not covered under the SMA, and the absence of digital systems makes access difficult for rural or remote applicants.
Comparative Global Practices
Other countries like the UK, USA, and France provide inclusive and simplified civil marriage frameworks. France mandates civil registration before any religious ceremony. Nepal’s laws explicitly encourage inter-caste marriages. India’s SMA, while progressive in theory, still lacks streamlined and inclusive procedures in practice.
Policy Recommendations
To modernize the SMA, the government should remove the public notice requirement, introduce a nationwide digital platform, recognize same-sex marriages, and sensitize local officials. Such reforms would uphold privacy, improve accessibility, and align the law with evolving constitutional standards.