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Special Marriage Act in India: A Step Toward Secular Love

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In a country as diverse as India, where culture, religion, and tradition often intertwine with law, the Special Marriage Act (SMA), 1954 stands out as a progressive piece of legislation. It offers a secular route to marriage — free from religious customs and personal laws — allowing two individuals from different backgrounds to legally unite.Whether you’re in an interfaith relationship or simply want to avoid religious ceremonies, this act might be the path you’re looking for. Let’s dive into what it is, how it works, and why it matters. What does Special Marriage Act Mean?Basically SMA is a central law in India that allows two people to marry regardless of their religion, caste, or creed. It was enacted to provide a civil marriage option to couples who don’t want to marry under personal laws like Hindu, Muslim, or Christian laws.This act applies to:Citizens of India, irrespective of religionIndian nationals living abroadInter-caste or interfaith couplesCouples wanting a simple, court-registered marriage Key Features of the ActSecular Nature: The SMA is not based on any religion. It focuses solely on legal consent and eligibility.Notice Period: Couples must give a 30-day public notice at the Marriage Registrar’s office before the marriage can take place.Objection Clause: During this 30-day period, objections can be raised. If none are found valid, the marriage can proceed.Registration: The marriage is solemnized in front of the Marriage Officer and three witnesses, and a marriage certificate is issued.Legal Rights: The married couple gets legal rights such as inheritance, alimony, and divorce under secular civil law. Eligibility CriteriaTo get married under the Special Marriage Act:Both parties must be at least 21 years old (for men) and 18 years old (for women)Neither party should have a living spouseBoth must be mentally soundThe couple should not fall within prohibited degrees of relationship (e.g., close blood relatives) Step-by-Step ProcessFiling the Notice: Submit a notice of intended marriage to the Marriage Registrar in the district where either partner has resided for at least 30 days.Waiting Period: Wait for 30 days to allow any objections.Objection Handling (if any): If objections are raised, they are investigated. If none or found invalid, the process continues.Marriage Solemnization: After 30 days, the couple can get married in front of a Marriage Officer and three witnesses.Certificate Issuance: A legal marriage certificate is issued, which is proof of marriage. Divorce and Legal SeparationMarriages under SMA are governed by civil laws, not religious laws. If the relationship breaks down, divorce and separation are dealt with through Chapter V of the SMA, which covers:Mutual consent divorceContested divorceGrounds like cruelty, adultery, desertion, etc. Why It Matters TodayIn a time when interfaith and intercaste relationships are still met with social resistance in many parts of India, the Special Marriage Act:Protects individual freedomProvides a legal shield to interfaith couplesEnsures that religion does not interfere with the right to marryHowever, the public notice requirement has been criticized for exposing couples to harassment. There have been calls to amend this clause to protect privacy, especially in sensitive cases. ConclusionThe Special Marriage Act is more than just a legal provision — it’s a reflection of India’s secular spirit. While challenges remain, the SMA empowers individuals to choose love over labels, lawfully and fearlessly.Whether you’re planning your own wedding or just curious about the legal framework of love in India, understanding the Special Marriage Act is a step toward an inclusive society that respects choice and celebrates unity.

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MANUAL SCAVENGING

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In the era of the twenty-first century letting anyone to elevate human waste manually or allows him to enter into sewage without protecting gears leads to the degradation of human life and dignity as well. Even in 2025, numbers of sanitary workers lost their lives while entering sewage. On records, manual scavenging is prohibited but the irony is that it is still in practice. Meaning of Manual scavenging As per exception under THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT 2013 and THE EMPLOYMENT OF MANUAL SCAVENGERS AND CONSTRUCTION OF DRY LATRINES (PROHIBITION) ACT, 1993. – *If the person enters into a hazardous human excreta zone with protecting gears including oxygen cylinders shall not be deemed as manual scavenging. Difference between sanitary and unsanitary system Manual scavenging in rural areas. • Even after the seventy years of independence. Removal of human dry waste by bare hands still prevalent in India. Such practices still prevalent in Maharashtra, Uttar Pradesh, Assam, Bihar and Jammu and Kashmir.  • Hereditary and caste factors are the main cause of practice. The maximum number of manual scavengers in rural areas are women. Men at the least. • They perform an act of removal of dry waste from farmlands and hut structure tent. • Include cleaning of bathrooms. • Causing social distance by associating them as untouchables. Manual scavenging in urban areas. • However supreme court in its judgment directs that ‘no person shall enter the sewer or septic tank without protecting gears. But unfortunately, sanitary works lost their lives due to toxic gas chambers of sewer and septic tanks. • Manual scavenging practices have been still performing in public toilets of metropolitan cities on daily basis. Legislation on Manual Scavenging 1. THE EMPLOYMENT OF MANUAL SCAVENGERS AND CONSTRUCTION OF DRY LATRINES (PROHIBITION) ACT, 1993 • This act is known as the first parent legislation to prohibit the removal of waste by human or for securing the dignity of human. This act is not in force in all territory of India. As per article 252 of the Indian constitution. Parliament made this act for the States of Andhra Pradesh, Goa, Karnataka, Maharashtra, Tripura and West Bengal and to all the Union territories. Any state can adopt this act. • Act prohibits any person to engage in or employ any person or permit to be engaged in manually carrying human excreta and construction or maintenance of a dry latrine. • Whoever fails to comply with provisions of this Act shall, in respect of each such failure or contravention be punishable with imprisonment for a term which may extend to one year or with fine, which may extend to two thousand rupees, or with both. 2. THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT, 2013 • This act was passed by the parliament enforce all over the territory of India except JAMMU AND KASHMIR. • This act prohibits any person, local authorities or any agency to construct an insanitary system and to employ any person indulging directly or indirectly as a manual scavenger. • Confers duty upon every individual and local authorities to demolish the insanitary system and to create a sanitary system. Even at their own cost. • Prohibits any kind of manual scavenging agreement as void. • Any person who breaches the above provisions of the act shall be liable for punishable with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees or with both. In subsequent breach, person shall be liable for imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both. • Offences are cognizable by district magistrate as well as judicial magistrate of first class. 3. REHABILITATION PROVISIONS OF THE ACT. • Within one month of application, the applicant has to submit photographs with details to claim benefits.its.conducted by them. Sanitary worker or scavengers have to apply by application to claim the benefits of this act. • Sanitary workers and scavengers can directly approach to them by application with joint annexure detailing about self. • Within one month of application, applicant have to submit photographs with details to claim benefits. • Applicants children entitled to state and central government scheme for education. • Applicant can avail the facility of concessional loan to engage in some other occupation rather than scavenging. • Applicants will get monthly benefits of three thousand for the next upcoming months for training. Supreme court judgment in manual scavenging [Safai Karamachari Andolan & Ors. Vs. Union of India & Ors. Writ Petition (Civil) 583/2003 ] •  Sewer deaths –entering sewer lines without safety gears should be made a crime even in emergency situations. For each such death, compensation of Rs. 10 lakhs should be given to the family of the deceased. •  Railways–should take time-bound strategy to end manual scavenging on the tracks. •  Persons released from manual scavenging should not have to cross hurdles to receive what is their legitimate due under the law. • Provide support for dignified livelihood to safai karamchari women in accordance with their choice of livelihood schemes. • Court also said that rehabilitation must be based on the principles of justice and transformation. •  The court also directed the Indian Railways, which is the largest employer of manual scavengers in the country, to take time bound strategy to end manual scavenging on the tracks. New Measures to prevent Manual Scavenging. • Under NDA government ‘swachh bharat abhiyan’ launched. Under the programme. Sanitary bathroom made at village level and promote to build a bathroom to avoid human excreta in opens. As well as to a huge extent. It avoids the practice of manual scavenging. • In metropolitan cities municipal corporation manage to regulate the sewage system. As well as metro corporation efforts to provide sanitary facilities at metro stations. Facts….. • Railway is the largest cause for manual scavenging in India. • Railway in India release ejects around

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PERVIEW OF COPYRIGHT ACT AND ITS INFRINGEMENT

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Copyright is one of the branches of Intellectual Property Rights accepted universally after the TRIPS [Trade-Related Aspects of Intellectual Property Rights ] agreement 1994. Its rules and regulations controlled and formulated by world Intellectual Property Organisation. MEANING OF COPYRIGHT.. [ HEREINAFTER MENTIONED AS C.R ] C.R based on the concept of the original creation of the work in the field of artistic, literary, cinematography, software programming, photographic works etc. It also includes the alteration work of the copyright registered work, validate under the purview of ‘flavour of the creativity doctrine’. These are the subject matters of CR (a) original literary, dramatic, musical and artistic works; (b) cinematograph films (c) sound recording [d] software programme [e] photographic work [f] designs, graphs and maps. Example music created by the composer, he is the creator also having the right to get a copyright for his work. Same it is applicable to director of movie and authors of a novel etc. CR holders have certain rights to do with their copyright work like reproduction, assignment, licensing, perform, transfer, store, communicate and commercial activity. INFRINGEMENT OF COPYRIGHT … According to section 51 of CR Act, these acts amount to infringement of CR 1. Unauthorised and illegal reproduction of the CR work deemed to be infringement. Here ‘unauthorised’ means to reproduce work without the prior assignment of the work to the offender. 2. Does any act which against the agreement/ assignment conditions. 3. Performance, telecast, publications without consent of the CR holder. 4. Distribution for commercial purposes and personal benefits.These actions will not amount to infringement, if the creator of CR work assigns his work to any person with the compliance of sections 18 and 19 of the act. Here are some conditions prescribed under these provisions… 1. Assignment of work can be done for partial work or for a whole. 2. Present work or the work to be done [ future] can also be assign. 3. Express [ written ] assignment/agreement is mandatory 4. Agreement shall contain the clause like the identity of work [ type], rights transferred [ specific], duration of the assignment, territorial extent and payable amount of royalty. 5. In the case where the duration of assignment of the work not specified, it shall be deemed for a five-year duration. 6. If any of the rights transferred by assignment to the assignee not exercised by him within a year, it shall be deemed to expire, lapse or waiver. Above mention process of assignment of the work protect a person from prosecution of CR infringement. But there are also certain ways to use the copyright work for the benefits work with balancing creator rights. These acts however inspired by the copyright work but not amount to its infringement…. There is a general principle that copyright cannot be available for the idea and for the work related to natural resources, historical events, facts certain or obvious to everyone. This principle accepted universally. guidelines by the honourable supreme court in RG ANAND V/S DELUX FILMS AIR 1978 SC 1613. A person can apply for copyright for its work inspired by a certain idea but can’t copyright the ‘IDEA’, because if we copyright ideas it will lead to violation of our fundamental right of ‘speech and expression’. The term Expression includes data. Ideas and information. This principle got light in the case of STAR INDIA [ PVT. LTD.] V/S LEO BURNETT PVT.LTD.2 003 (2) Bom. CR 655. The facts of this case were.. 1. ‘kyunki saas bhi kabhi bahu thi’ serial made and telecast by balaji films. Later on tide detergent advertisement was published with the slogan ‘BAHU BHI KABHI SAAS BANEGI’ inferencing the same as the characters of the serial. 2. Bombay high court held that there is no copyright in the dialogue because it is the creation of an idea and must not be a monopoly over it by the creator. Idea is not a matter of copyright violation. Thus no one can claim over it. • Doctrine of ‘flavour of creativity’ 1. This is an American doctrine, according to this doctrine a person can create his own work inspired by the existing copyright work with certain due diligence. This doctrine imported from American precedent in the EBC law publisher case. If the subsequent work is different from the original one but certain efforts, value, mind, changes and due diligence must be invested in it. It cannot be just copied and paste from prior work. Availability of Prior work does not matter. It could be from the public domain or the private domain as well.2. IN EBC AND ORS, V/S DB MODAK AND ANR. AIR 2008 SC. SCC Legal sued EBC LEGAL PUBLISHER for copying his short notes, footnote and citations from scc online. 3. Court held that it would not amount to infringement of the copyright. The important fact is that the work of both the parties were also not his own creation. The judgement pronounced in court is the creation of the judge own mind. However, it is available in public domain. A person can elaborate and mention thereto by applying his mind, time, efforts, due diligence and hard work. If the subsequent work different from the existing one not just an example of copy-paste. It would protect the creator of subsequent work from copyright infringement prosecution. creativity must to be followed. • DOCTRINE OF FAIR USE OR FAIR DEALING1. According to this doctrine, a person can enjoy the work of prior copyright work for its mental and societal benefits. But it should not be for commercial or trade purposes.2. This doctrine powered/penned down in section 52 of the act. Person can enjoy copyright work for personal use for the research and analysis, for educational purpose, for criticism, for library not more than three copies. But it should not be for commercial purposes to gain benefits otherwise it will lead to infringement of copyright work.3. Doctrine elaborated in the case of CHANCELLOR MASTERS AND SCHOLARS OF UNIVERSITY OF OXFORD V/S NARENDRA

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Cheque Bounce or Negotiable Instruments Act Cases

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Welcome to Lex Amicus Associates Blog Area. Cheque Bounce or Negotiable Instruments Act Cases are the results of rapid growth economy. As more the economy gets stronger, it will attract conflicts also. Cheques are meant and created for the purpose of securing obligation and to transfer the money from one account to another account. A “cheque” is a bill of exchange and it includes three intermediaries for its transaction, one is the maker of a bill of exchange or cheque is called the “drawer”; the person thereby directed to pay is called the “drawee” and the last one is the bank to whom the cheques are present for its encashment. Cheques includes the electronic image of a truncated cheque and a cheque in the electronic form. Reasons for cheque bounces which are generally causes day to day in commercial transactions- Insufficient Funds, Signature Mismatch, Incorrect or Missing Information, Damaged or Altered Cheque, Technical Errors, Account Closure, Post-Dated Cheque, Expired Cheque (Stale Cheque), Stop Payment Instruction, Frozen Account, Exceeds Arrangement, Death of Drawer, Insolvency. The court shall make presumptions that every negotiable instrument/cheque was made or drawn for consideration/repayment of obligation. Cheque meant to be dishonor when Where any cheque drawn/duly filled up (signature is mandatory, further details not) by a person on an account maintained by him with a banker for payment of any amount of money to another person for any debt or other liability, is returned by the bank unpaid, for reason being the credit of that account is insufficient to honour the cheque. Mandatory provisions for cheque dishonour- Only the courts in whose Jurisdiction the cheque got dishonor shall have the exclusive right to adjudicate the cheque bounce matter. Example – A has bank account in ABC bank located in Karol Bagh, Delhi who issued the cheque to B who resides in lucknow and has account in bank XYZ located in Ahmedabad, Gujarat. Cheque got dishonor in Ahmedabad, Gujarat, now only the court in in Ahmedabad, Gujarat has the exclusive jurisdiction to adjudicate the matter. B cannot file complaint in Delhi or Lucknow, he can file complaint only in Ahmedabad, Gujrat. After 2018 Amendment in NI Act, legislation added the new section in NI Act under which the court can grant interim compensation up to 20% of the dishonored amount only after the notice framing procedure and where the accused pleads not guilty. The interim compensation shall be paid within sixty days from the date of the order or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the drawer of the cheque. Conclusion- The cheque bounce cases are very complex in nature as the accused in NI Act cases requires to rebut the presumption in favor of the drawer of the cheque.  CHEQUE BOUNCE CASE / NEGOTIABLE INSTRUMENT ACT CASES / BEST LAWYER FOR CHEQUE BOUNCE CASES IN DELHI / BEST LAWYER FOR CHEQUE BOUNCE CASES IN INDIA.

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