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Plea filed in Supreme Court challenging validity of some provisions of the Special Marriage Act

Team SoOLEGAL 4 Sep 2020 4:16pm

Plea filed in Supreme Court challenging validity of some provisions of the Special Marriage Act

New Delhi: A petition has been filed by Nandini Praveen, a Kerala-based law student in the Supreme Court challenging the validity of certain provisions of the Special Marriage Act requiring two adults to place their personal information in the public domain for scrutiny prior to their wedding violating their fundamental right to marry and right to privacy. “These clauses violate the human rights of couples planning to marry, depriving them of their right to privacy under Article 21 of the Constitution.” the plea said.

"The necessity of notice before marriage is missing from the Hindu Marriage Act and from the customary laws of Islam. Accordingly, to the said provision is also discriminatory and in violation of Article 14 (right to equality) and Article 15 of the Constitution," the plea said. The plea also claimed that striking down of Sections 6(2), 8 and 10 of the Special Marriage Act, 1954,were "unjust, illegal and unconstitutional."

Provisions are referred in the plea and the alleged illegality attached.  The petitioner seeks directions to strike down Section 6(3) of the Special Marriage Act , 1954, to the extent that it says "that the Marriage Officer shall cause a copy thereof to be affixed to some conspicuous place in his office" as unjust, unlawful and unconstitutional. Also to strike down Section 9 of the Special Marriage Act, 1954, to the extent that it deals with the inquiry referred to in Section 8 of the Special Marriage Act.



Tagged: Supreme Court   Special Marriage Act   law student   human rights   Hindu Marriage Act   Article 15  
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