India Today: New Delhi: Friday,
August 12, 2016.
Couples may
be allowed to seek police protection from the registrar where marriage is to be
performed under the Special Marriage Act.
Concerned
over honour killings, the CIC has suggested to the central and states
governments to include a declaration by the couple who intend to have a court
marriage if they apprehend a threat to their life and liberty.
Information
Commissioner Sridhar Acharyulu also suggested that couples may be allowed to
seek police protection from the registrar where marriage is to be performed
under the Special Marriage Act.
He said such
requests should be sent to be Station House Officer who can inquire into the
matter and if, prima facie, the SHO finds the threat to be real, take adequate
measures to offer protection to the couple.
However, the
Commission also directed SDMs or marriage officers to ensure that the 30-day
notice of the marriage under Special Marriage Act should be widely circulated
which mandatory under Section 4(1)(d) of the RTI Act to facilitate the
interested persons (including parents or guardians) to know and raise
objections, if any, to safeguard the interests of the partners to the proposed
marriage.
SPECIAL
MARRIAGE ACT
Under the
Special Marriage Act, marriage can be solemnised after a copy of the notice in
this regard is pasted on the office notice board by the SDM.
"Any
person may within 30 days of issue of notice, can file objection to the
intended marriages. In such a case, the SDM shall not solemnise the marriage
until he has decided the objection, within 30 days of its receipt," the
Information Commissioner noted.
He said if
the SDM refuses to solemnise the marriage, any of the parties may file an
appeal within 30 days to the District Court. If no one filed an objection, the
SDM solemnises the marriage after 30 days of the notice.
"Generally
notice is an essential aspect of procedure for marriage under this Act. Under
law, registration serves both the purposes as a notice to the society in
general about proposed marriage and then as a proof of marriage without
necessitating parties to procure evidence of ceremonies of marriage to prove it
in court of law," he said.
WHEN IS
THE NOTICE REQUIRED
He said
generally notice is required to prevent marriage between persons within degrees
of prohibited relationship, bigamous marriages, i.e., while a spouse is living
without obtaining valid divorce, marriages without valid consent (not having
age of giving valid consent), with person of insanity, or persons not attaining
prescribed marriageable age etc.
"However,
there is a negative angle to this. Violent social consequences of intercaste
and inter religious love marriages cannot be ignored. The khap panchayats and
their mandates coupled with honour killings are shocking developments emanating
from the exercise of freedom of choice of life partner," Acharyulu said.
Justifying
his recommendation to include the threat of life to couples, the Information
Commissioner said if right of parents to (information) have notice of marriage
of their children is honoured, it might result in deprivation of their life or
liberty, in gross violation of Article 21.
"The
1954 law does not have any provision to save the fianc es from different castes
or religions against will of their parents. The 'notice' meant for good cannot
be fatal for groom or bride," he said.
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