This article has been written by Ms.Kirti Patil who is preparing for judicial examination.
Introduction:-
India is a multicultural nation with a wide range of languages, cultures, customs, and religions. Personal laws such as the Hindu Marriage Act of 1955, the Indian Christian Marriage Act of 1872, the Muslim Personal Law (Shariat) Application Act of 1937, and the Parsi Marriage and Divorce Act of 1936 for the solemnization of marriage and other related matters were enacted to safeguard an individual’s right to practice his or her own religion.
While these laws permit an individual to wed in accordance with their own traditions, they do not address the question of how an interfaith union would be formally sealed or documented for official government recognition. In order to provide a unique type of marriage in these situations, as well as to facilitate the registration of these and certain other marriages as well as divorces, the Special Marriage Act of 1954 was passed.
In Indian culture, marriage has long been revered, with people considering the union of two people as a couple to be the highest form of fulfillment. The custom of marriage has amassed so many conventions and values over time that it has led to the union of two families as opposed to two individuals. There is often a high degree of social interaction involved in choosing a spouse. For instance, marriages between people of the same caste or social status are now commonplace in many parts of India, whereas marriages between different castes are strictly forbidden.
Historical Background:-
In order to establish marriage laws for inter-caste and inter-religious couples, the Special Marriage Act was passed in 1954. The act also sought to control these people’s personal lives, including marriages and other relationships. Important ideas like marriage, cohabitation rights, grounds for divorce, maintenance, and other rights, obligations, and duties are defined by the act.
Thus, the Special Marriage Act is a unique piece of legislation that was passed to offer a unique type of marriage that can be registered and is solemnized without the parties having to give up their religious beliefs. In contrast to the Hindu Marriage Act, the Special Marriage Act covers Indian citizens residing overseas as well as those from various castes and religions.
Requirement for a marriage under the act:-
Unlike the Hindu Marriage Act, the only basic requirement for a valid marriage under the special marriage act is the consent of both the parties. Thus, if both the parties are ready to marry each other; caste, religion, race, or any other classification cannot act as a hindrance to their union.
If any of the following conditions are met, a marriage may be deemed void:-
- The bridegroom should be of 21 years of age and the bride of 18 years.
- Neither party is mentally ill enough to be unable to give a valid consent to the marriage, or even if they could, they have been suffering from a mental illness that makes them unfit for marriage and childrearing on a large enough scale, or if they have experienced recurrent episodes of insanity.
- Neither party has a spouse living at the time of marriage.
- The parties do not fit into the categories of prohibited relationships or are “blood relatives” of one another.
Legal Aid In India:-
The Indian people are to be guaranteed both political and socio economic justice, according to the preamble of the constitution. Notable are the Indian Constitution’s Articles 38 and 39A. In particular, Article 39-A of the constitution states that the state shall provide free legal aid, by appropriate legislation or schemes, to ensure that opportunities for securing justice are not denied to any citizen. Article 38(1) of the constitution states that the State shall promote the welfare of the people by securing and protecting the social order, including justice.
In Sheela Barse vs. State of Maharashtra, it was held that legal assistance to a poor accused who is arrested and put in jeopardy of his life or personal liberty is constitutional imperative mandated not only by article 39-A but also by article 21 and 14 of the constitution.
Article 21 clearly says that every person has an equal right to life and liberty except according to the procedure established by the law. It was said in the case of Hussainara khatoon vs. State of Bihar, that if any accused is not able to afford legal services then he has a right to free legal aid at the cost of the state.
Additionally, it was decided in Sukhdas v. Union Territory of Arunachal Pradesh that an accused person’s trial is vitiated by a constitutional defect and that any conviction that results from that trial is subject to be overturned if the accused person is not informed of his rights and remains unrepresented by counsel. Article 14 also addresses equality before the law in a similar manner. Under Section 304 of the Criminal Procedure Code, the state is required to pay for legal aid to an accused person who lacks the resources to hire an attorney. Real equality in criminal cases is impossible to achieve without providing the accused with expert assistance and a fair trial to defend himself against the charges.
In India, legal aid is the provision of free legal services to people who cannot afford to hire an attorney or to use the legal system. Ensuring that justice is available to everyone, regardless of their financial situation, is the main goal of legal aid. Here are some important details regarding legal aid in India.
Constitutional Right: The Indian Constitution’s Article 39A guarantees everyone the right to free legal representation so that no citizen’s chances to seek justice are restricted because of their financial situation or other disabilities.
Legal Services Authorities Act, 1987: A legislative framework for the delivery of legal aid in India was established in 1987 with the passage of the Legal Services Authorities Act. This act established State Legal Services Authorities (SLSAs) and the National Legal Services Authority (NALSA) at the state and federal levels, respectively.
Eligibility: People who are economically disadvantaged, members of marginalized communities, women, children, and other vulnerable groups are typically the ones who receive legal aid. Each state may have a different eligibility requirement.
Services: Legal advice, court representation, document drafting, and other legal help are all included in legal aid. It deals with a broad range of legal issues, such as family law, civil litigation, and criminal cases.
Legal Aid Clinics: A number of legal aid clinics have been established across the nation to offer pro bono legal aid. Lawyers and paralegals frequently oversee these clinics.
Applicability of Legal Aid under the Special Marriage Act:
- Marital Disputes: Either spouse may use legal aid in a divorce to pursue remedies for problems like child support, maintenance, and property division. This guarantees that each party will get an equal chance to present their case in court.
- Nullity or Divorce Proceedings: In the event that a couple decides to file for divorce or annul their marriage under the Special Marriage Act, legal aid can help them through the complex legal process. This entails submitting the petition, offering supporting documentation, and advocating on behalf of the client in court.
- Protection of Rights: Legal assistance becomes essential for defending the interests and rights of spouses, particularly in situations involving harassment, domestic abuse, or other violations of personal freedoms. It guarantees victims receive the legal assistance required to obtain protection orders and pursue legal action.
- Property Disputes: Property division disputes can occur during a marriage’s dissolution. Legal aid guarantees an equitable division of assets and liabilities and assists spouses in understanding their rights.
- Child Custody Matters: Legal aid helps parents effectively present their case in child custody cases while keeping the child’s best interests in mind.
Relevent cases:-
Durga Prasanna Tripathy v. Arundhati Tripathy (2005): This case highlighted the importance of counseling and mediation in marital disputes. The court emphasized that before seeking legal remedies, parties should explore the possibility of reconciliation through counseling.
Naveen Kohli v. Neelu Kohli (2006): In this landmark case, the Supreme Court of India addressed the issue of false allegations of cruelty in matrimonial disputes. The court held that making baseless allegations could itself be a form of cruelty, and such conduct could be a ground for divorce.
Smt. Surjeet Kaur v. Harminder Singh (2010): This case dealt with the issue of dowry harassment and cruelty. The court reiterated that cruelty, whether physical or mental, is a valid ground for seeking divorce under the Special Marriage Act. The judgment provided clarity on the interpretation of cruelty in matrimonial cases.
Amit Suresh Mali v. Komal Amit Mali (2018): This case addressed the issue of child custody under the Special Marriage Act. The court emphasized the principle of the welfare of the child as the paramount consideration in custody matters and ruled in favor of the parent providing a more suitable and stable environment for the child.
Smt. Mamta Jaiswal v. Rajesh Jaiswal (2000): In this case, the court dealt with the issue of maintenance under the Special Marriage Act. The judgment clarified the criteria for determining the amount of maintenance to be awarded to the spouse and emphasized the need for fair and just financial support.
These cases shed light on a variety of topics related to marital conflicts under the Special Marriage Act, including child custody, cruelty, maintenance, and the value of alternative dispute resolution procedures.
It’s crucial to remember that the law is constantly changing, and since my last update in January 2022, there might have been new rulings handed down. For the most up-to-date information, it is therefore advised to refer to the most recent legal resources or obtain professional legal counsel.
The need for the Special Marriage Act and the change it brought:- There was a need to regulate people of other religions, even though the Hindu Marriage Act was successful in controlling the institution of marriages among Hindus. Even though the Hindu Marriage Act permitted two Hindus to marry and govern their union happily, there was a need for an additional act in the event that a Hindu married a person of a different religion.
In order to grant all Indian citizens and Indian nationals living abroad a unique type of marriage, regardless of their religion, the Special Marriage Act was passed in 1954. Furthermore, rather than through religious ceremonies, marriages under the SMA are consummated through the registration process outlined in the act. As a result, marriages in India are now recognized as official institutions that grant legitimacy, succession, divorce, and remarriage.
Conclusion:-
In order to guarantee equal access to justice and defend the rights of all citizens, particularly those who are economically disadvantaged, legal aid is an essential part of India’s legal system. Ensuring justice for all and maintaining the rule of law are made possible in large part by the legal aid system.
In order to guarantee that everyone has access to justice, irrespective of their financial or other disadvantages, legal aid is essential. It is a fundamental part of the Indian legal system and is protected by Article 39A of the Indian Constitution, which highlights the value of fair access to the legal system. The National Legal Services Authority (NALSA) and State Legal Services Authorities (SLSAs) were established by the Legal Services Authorities Act, 1987, to enable the provision of free legal aid in India.
Legal aid is still a vital instrument for defending the rule of law, defending everyone’s rights, and advancing social justice. It affirms the idea that no one should be denied justice because of their financial situation or any other kind of disability, and it shows the Indian government’s commitment to removing obstacles that could keep people from accessing the legal system. Legal aid initiatives support the development of a more just and equitable society in India as they grow and change.
Reference:-
- https://articles.manupatra.com/article-details/Legal-Aid-in-India-current-scenario-and-future-challenges
- https://www.legalserviceindia.com/article/l261-Legal-Aid.html
- https://blog.ipleaders.in/special-marriage-act/#Leprosy
- https://www.lawtendo.com/blogs/complete-guide-on-marriage-under-special-marriage-act