Lawstreet Journal

Law Student Files PIL in Supreme Court Challenging the Provisions of the Special Marriage Act, 1954

Lawstreet Journal 8 Sep 2020 4:16am

Image courtesy: Lawstreet Journal Judiciary Law Student Files PIL in Supreme Court Challenging the Provisions of the Special Marriage Act, 1954

A writ petition has been moved before the Supreme Court on Thursday challenging the constitutional validity of some provisions of the Special Marriage Act, 1954 where it requires the Marriage Officer to publish personal details of the two adults in the public domain for scrutiny before their marriage.

The PIL is filed by a Kerala-based law student, Nandini Praveen, through AOR Nishe Rajen Shonker and Advocate Kaleeshwaram Raj, who argued that these provisions of the Special Marriage Act, 1954 are violative to the fundamental rights under article 14, article 19, and article 21. "Publication of personal details often might have a chilling effect on the right to marry. In other words, couples are asked to waive the right to privacy to exercise the right to marry. This infringes the rights of autonomy, dignity, and the right to marry, of various couple", the petition reads.

The petitioner contends that the requirement of notice before marriage, which is absent in the Hindu Marriage Act and customary laws in Islam violates the right to equality of the parties under articles 14 and 15 of the Indian Constitution. It also argues that provisions to publish personal information of the individuals for public scrutiny damage one's right to have control over their personal details. "The right to privacy is held to be an aspect of the right to life under Article 21 of the Constitution, as reiterated in many judgments (including Aadhaar verdict) this court has held that informational privacy needs to be protected as a facet of… Continue Reading...

Tagged: intercaste marriage   Special Marriage Act  
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