Challenging the Special Marriage Act, 1954

News Today 31.08.2022

The Supreme Court on Monday dismissed a writ petition challenging the Constitutional validity of certain provisions of the SMA under which couples seek refuge for inter-faith and inter-caste marriages. The writ petition has called these provisions violative of the right to privacy guaranteed under Article 21 of the Constitution as they require couples to give a notice of 30 days before the date of marriage inviting objections from the public. The writ petition filed by counsels K. R. Sripathi and Anupama Sripathi and advocate on record Sriram Parakkat has also said that the provisions contravene Article 14 on prohibition of discrimination on grounds of religion, race, caste and sex as well as Article 15 on right to equality as these requirements are absent in personal laws. (Read More)

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