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Requirement Of Notice Under The Special Marriage Act 1954: A Critical Analysis


Khushi Jain, Maharashtra National Law University, Nagpur


ABSTRACT


The Special Marriage Act, 1954 (SMA) is a significant legal framework in India that facilitates interfaith and inter-caste marriages, promoting secularism and individual choice. However, its mandatory 30-day public notice requirement has drawn criticism for exposing couples to harassment, societal pressure, and even honour crimes. This research critically examines the historical evolution of the SMA, the rationale behind the notice requirement, and its impact on individual rights, particularly privacy and personal liberty. The study also delves into how the public notice provision under the SMA disproportionately affects interfaith couples, forcing many to either abandon their decision to marry or resort to religious conversion to circumvent legal hurdles.



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Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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