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SC to review whether the Special Marriage Law violates the privacy of couples | India News



NEW DELHI: The Supreme Court on Wednesday agreed to review the validity of some provisions of the Special Law on 66-year-old Marriage entertaining a PIL that says the legal mandate to make public the personal details of a bride and future groom by pasting them in the notice board of the marriage officer has violated the right to privacy, which is part of the right to life.
Under the Special Marriage Act, adopted to give legal protection to interfaith, inter-caste, and inter-community marriages, a couple wishing to marry must make a request 30 days before the scheduled date of marriage with the marriage officer , details about their age, parents and place of residence. law mandates the marriage officer to place these details on a notice board to invite objections to the alliance.
Speaking to law enforcement student Nandini Praveen, senior attorney Kaleeswaram Raj told a bench of Justices SA Bobde, AS Bopanna and V Ramasubramanian that the mandate of the SM Acts to reveal the personal details of future marriage partners failed in the trial the triple of legality, legality and proportionality determined by the courts of nine judges on the right to a trial of privacy.
The applicant also said that the disclosure of personal details played into the hands of bloodthirsty relatives, who did not tremble by committing honor killings in cases of inter-caste, inter-community or inter-religious marriages.
Stoli said that although the applicant had a valid argument, he had the opposite side. For example, if one or both persons intending to marry have run away from their respective spouses, should it be kept secret from the marriage officer, who has an obligation under the law to seek the legality of the alliance by inviting opposition from the public by put the information in the bulletin board? The moment that provision is deleted, it can lead to abuse of existing marriages. You also have to suggest a solution, she said.
The lawyer said the applicant was not disgusted with the marriage officer conducting investigations before solemnizing the marriage under the 1954 Special Marriage Act.

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