PIL challenges provisions of Special Marriage Act

Tribune News Service

New Delhi, September 3

A PIL has been filed within the Supreme Court difficult the validity of sure provisions of the Special Marriage Act, 1954, which name for making public private particulars of the couple desiring to marry. 

Filed by a regulation pupil, the PIL contended that such provisions severely broken one’s proper to have management over one’s private data and violated their proper to privateness.

The petitioner questioned Section 5 of the Act that required a discover of supposed marriage to be given by the events to the Marriage Officer of the district the place at the least one of many events resided for at the least 30 days instantly previous the date of such discover.

She additionally challenged Section 6 of the Act that mandates that talks about publication of the notices by the Marriage Officer. 

She contended that these provisions forces events to the wedding to publish their non-public particulars, open for public scrutiny 30 days earlier than the wedding and allowed anybody to file objections to the wedding and empowered the Marriage Officer to inquire into objections filed, if any.

“These provisions violate the fundamental rights of the couple intending to marry, depriving of their right to privacy under Article 21 of the Constitution of India,” the petitioner submitted.

The petitioner sought to focus on the truth that there was no such requirement of discover the Hindu Marriage Act, 1955, and Muslim Law.

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