UPSC Mains General Studies Paper 2 -Social justice
The Special Marriage Act (SMA) of 1954, which governs interfaith weddings in the country, was challenged in the Supreme Court, with the Union government still to respond. Section 5 of the SMA requires a person marrying under this law to provide a notice of intended marriage, which must be posted in a conspicuous location at the marriage officer's office. Section 7(1) gives any individual 30 days after publication of the notice to object to the marriage, failing which the marriage may be solemnized under Section 7. (2). Although the law does not require a notification to be provided to the families, there are frequently situations in which marriage officers and state governments go above and beyond the letter of the law to annul these marriages. Additionally, some state governments can be overzealous in their enforcement of the law.
Haryana, for example, developed a checklist for marriages under the SMA that includes 16 elements, including the requirement that a couple publishes an invitation to object in a newspaper and send such notices to their parents.
However, even in the absence of such overreach, various parts of the legislation endanger the lives of these couples. In some states, couples are also required to get a "noobjection" certificate from their parents. Maharashtra's (Department of Registration and Stamps) website publishes information on these marriages on its website, which communal extremists can access.
In September 2021, Nandini Praveen vs. Union of India sought to have these, and a few other provisions struck down as violating the right to privacy and the freedom to marry.
UPSC Mains General Studies Paper 2 -Social justice
At least two major committees have recommended criminalizing marital rape in the last decade. The Verma panel recommended that "the exception for marital rape be eliminated" and that the law "specifies that a marital or other relationship between the perpetrator or victim is not a valid defense against rape or sexual violation crimes." Previously, a 14member group chaired by academicturnedactivist Pam Rajput recommended in its June 1, 2015 report that "marital rape be made a crime."
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