The Special Marriage Act 1954: A Critical Examination of its Constitutionality and the Need for Legislative Action

  • Patil Neha
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  • Patil Neha

    Student at O.P Jindal Gobal Law School, O.P Jindal Global University, India

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Abstract

This research paper aims to examine the experiences of individuals in interfaith relationships in India and the issues and challenges they confront. Despite the legal recognition offered by the Special Marriage Act of 1954, interfaith couples continue to face significant challenges and societal pressures. The paper will analyse the impact of societal pressures and recent changes in legislation on interfaith marriages and explore the urgent need for legislative action to protect the rights and interests of couples marrying under the act. The study will also present recommendations to address the issues faced by interfaith couples in India, including the need for amendments to the act to truly uphold the principle of secularism and empower couples who choose to marry under it. The paper argues that only by providing fair, just, and rational legislation that does not succumb to societal pressure can couples from different religions and groups be encouraged to marry under the act and achieve the country's ideal of true secularism.

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Research Paper

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International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 723 - 731

DOI: https://doij.org/10.10000/IJLMH.114117

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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