Special Marriage Act 1954

Polity & Governance glossary

Topic: Directive Principles and Fundamental Duties · NCERT: Beyond NCERT

Meaning

The Special Marriage Act 1954 allows a civil marriage between any two people, whatever their religion. Neither partner has to change religion, and the marriage is governed by this common law, not by personal law (the family law of a particular religion). The couple must give a 30-day public notice before the marriage. This notice is criticised because it can expose couples, especially inter-faith couples, and harm their privacy. The Act is often called a model for an optional common civil law.

Example

In the same-sex marriage case, Supriyo (2023), the Special Marriage Act was at the centre of the arguments. The petitioners asked the Supreme Court to read the Act so that it would include same-sex couples.

Don't confuse with

  • Uniform civil code (Article 44): a UCC would be one family law that applies to all citizens. The Special Marriage Act is a choice that couples can make. Other personal laws remain in force alongside it.

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