- Reams and reams have been written about how Indian society continues to remain patriarchal, where the writ of menfolk holds sway over women. Despite innumerable attempts at ushering in gender equality, parity, a level playing field, and the avoidance of discrimination, Indian men are still treated as undisputed leaders as compared to women. This medieval thinking has established deep-rooted connections and cannot be eradicated over time. As such, even more, sustained efforts are the order of the day, but for that to happen, all stakeholders must walk the talk rather than pay for mere lip service. Mind you, women have proved their mettle in numerous fields, proving that they are second to none. But there’s still a long way to go before we usher in parity.
PC: freepik
- Even when it comes to matters of the heart and choosing a companion, the majority of women must get the consent of the family (read as the patriarch) before being allowed to enter into matrimony. God forbid if it’s an intercaste and interreligious alliance. The 1954 Special Marriage Act was established to make it easier for willing people of various castes and religions to form marital unions. Irrelevant to consider in this situation is whether the SMA has helped consenting interfaith adults overcome their obstacles. The answer is no, as the 30-day notice requirement under the SMA is seen as patriarchal and exposes couples to social intrusion.
- The Supreme Court is considering whether Indians should have the right to same-sex marriage. During the deliberations, it has highlighted a peculiar impediment to the supposedly settled right to opposite-sex marriages. It’s none other than the SMA. Unfortunately, the film’s common filmy trope of parental opposition to a young man and young woman choosing each other instead of abiding by the parental choice of marriage partner reflects a common mindset. Note that an overwhelming majority of marriages in India continue to be arranged and solemnized via religious personal laws. The question here is whether the SMA notice period serves any purpose other than inconveniencing and endangering adults who make a different choice. It isn’t sure.
PC: freepik
- Let’s look at the history. When independent India’s Parliament passed the Act of 1954 to enable marriages between any two Indians, whether professing the same or different religions or no religion at all, it was a very progressive measure for the times. But times have changed. That marriage under personal laws is expeditious and does not require any publication of notice is an entitlement whose unfairness has grown glaring. Due to the rising risks of conversion and the escalating moral policing of SMA noticeboards, interfaith couples are caught in a catch-22 situation. As a result, Parliament must alter the SMA’s 30-day notice requirement to grant interfaith couples legal protection. Modern society cannot tolerate medieval mindsets.
