Special Marriage Act, 1954: An Alternative to Uniform Civil Code

Table of contents

Recently Gujarat recently formed a Uniform Civil Code (UCC) drafting committee under Justice Ranjana Prakash Desai, echoing the Uttarakhand UCC enactment.
Legal experts & rights groups have raised concerns over majoritarian overtones, advocating instead for reform & strengthening the Special Marriage Act (SMA), 1954, a secular & voluntary civil marriage law.

Key Features of the Special Marriage Act, 1954

Secular and Inclusive Law: Allows inter-faith and inter-caste marriages without religious conversion and applies to all Indian citizens, irrespective of religion, including Indian nationals living abroad.
Inspired by the UK Marriage Act, 1949: Modelled after the UK Marriage Act, 1949, to provide a unified legal framework for non-religious marriages.
Legal Safeguards: Ensures rights related to inheritance, divorce, maintenance, and succession, offering legal protection to both partners.
Notice Clause: Requires a 30-day public notice at the local marriage office, allowing for objections during the notice period.
Age Limit: Sets the minimum marriage age at 21 for males and 18 for females, aligned with the Child Marriage Restraint Act.

Special Marriage Act vs Uniform Civil Code

Challenges of UCC	Special Marriage Act (SMA) Solution
Resistance from religious communities	SMA is voluntary and not imposed, preserving religious autonomy and freedom.
Fear of cultural/religious erosion	No religious conversion is required—this protects India’s pluralistic ethos.
Politicisation & communal overtones	SMA is a secular civil law that prevents communal targeting and majoritarian overreach.
Implementation challenges	SMA is already in force and requires no fresh codification or political consensus.
Gender injustice in personal laws	SMA enforces monogamy, ensures equality, and grants divorce rights.
Exclusion of marginalised groups	SMA is universally applicable; it encompasses SCs, STs, and all socio-religious groups.

Concerns with the Special Marriage Act, 1954

Misuse of the Objection Clause: The 30-day notice period often exposes couples to harassment and vigilante threats.
Privacy Violation: Mandatory public display of personal details infringes on the right to privacy under Article 21 (Puttaswamy Judgment, 2017).
Social Ostracism & Violence: Interfaith and inter-caste couples face threats, disownment, and violence, often linked to “Love Jihad” narratives.
Procedural Hurdles: Tedious documentation, multiple visits, and bureaucratic delays are deterrents.
Lack of Awareness: Most citizens, especially in rural areas, remain unaware of the rights and provisions under the SMA.

Way Forward

Amend 30-Day Notice Clause: Make the notice period optional, particularly in high-risk interfaith cases, with judicial review for objections.
Protect Privacy Rights: Modify the public notice system to ensure personal data protection aligned with the Data Protection Act, 2023.
Simplify Procedures: Introduce a digital portal for marriage registration and allow self-attestation and remote verification.
Legal Protection Against Harassment: Penalise vigilante interference by enforcing relevant provisions under Sections 503–506 of the IPC.
Awareness & Sensitisation Campaigns: Use platforms like Doordarshan, school civics textbooks, and local bodies to enhance awareness of SMA; empower legal aid cells, NGOs, and NYKS volunteers.

In India’s pluralistic society, imposing a uniform legal code could undermine cultural diversity. The Special Marriage Act, 1954, offers an inclusive, secular alternative that respects individual freedom and religious autonomy. Strengthening SMA, rather than enforcing UCC, aligns with constitutional values and gender justice. As PM Modi stated, “Reforms should be inclusive, not imposed.”

Reference: The Print | PMFIAS: Uniform Civil Code

PMF IAS Pathfinder for Mains – Question 154

Q. Discuss the key features and challenges of the Special Marriage Act, 1954. How can reforms in the SMA address these concerns while upholding individual freedom and religious autonomy? (250 Words) (15 Marks)

Approach

Introduction: Briefly introduce the Special Marriage Act of 1954 and its relevance as a secular legal framework amidst the UCC debate.
Body: Discuss the key features and challenges of the SMA and outline a way forward for a stronger SMA.
Conclusion: Summarise how reforming the SMA can promote constitutional morality and gender justice without enforcing uniformity.