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The Special Marriage Act, 1954, stands as a landmark piece of secular legislation in India,
offering a civil form of marriage to any two individuals, irrespective of their religion, caste, or
creed. This paper aims to critically examine the provisions, objectives, and practical
implementation of the Act. It begins by tracing the historical evolution from the Special
Marriage Act of 1872 to the current law, highlighting the legislative intent to provide a secular
alternative to personal laws. The paper then delves into the salient features of the Act, including
the conditions for marriage, the procedural requirements of notice and solemnization, and the
consequential effects on succession and family rights. The core of this study is a critical analysis
of the Act’s functioning in contemporary society. It particularly scrutinizes the controversial 30-
day public notice period under Section5, arguing that while intended for transparency, it often
infringes upon the right to privacy and endangers couples, especially those in inter-faith or inter-
caste unions. The paper explores how procedural hurdles and societal biases can transform a
progressive law into a tool of harassment. Through an examination of judicial pronouncements
and societal realities, this study evaluates the Act's effectiveness in upholding the constitutional
values of equality, liberty, and secularism, concluding with suggestions for reform to better align
the law with its intended purpose.
Keywords:
Law
Cite Article:
"A Critical Study of the Special Marriage Act, 1954.", International Journal of Science & Engineering Development Research (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 10, page no.a506-a511, October-2025, Available :http://www.ijrti.org/papers/IJRTI2510048.pdf
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2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator