SC issues notice to government on plea against certain provisions of Special Marriage Act – Supreme Court proceedings on Plea on Special Marriage Act provisions


A petition has been filed in the Supreme Court challenging certain provisions of the Act

Special things

  • Kerala student Nandini has filed this petition
  • Question raised on provision of 30 days public notice
  • Said, this affects marriage and privacy rights

new Delhi:

The Supreme Court has issued a notice to the Central Government on a petition against a 30-day public notice detailing couples who intend to marry under the Special Marriage Act. Although during the hearing, CJI SA Bobde told the petitioner that your argument is that it is a violation of their privacy, but think if the wife or daughter runs away then why should they (husband or father) not know? Significantly, a petition has been filed in the Supreme Court challenging certain provisions of the Special Marriage Act.

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This petition states that under these provisions, two adults have to make their personal details public before scrutiny. This affects their fundamental right to marry and privacy. Nandini Pravin, a Kerala law student, has filed this PIL, stating that publication of personal details often affects the right to marry. In other words, a couple desirous of marrying has to lose their right to privacy. It violates the autonomy, dignity and rights of all couples to marry. Religion also threatens the safety of the couple going to marry, breaking the bonds of caste.

Challenging many provisions of the Special Marriage Act in the petition, it has been said that it violates the fundamental rights provided in Articles 14, 15 and 21 of the Constitution.

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