Recently, Allahabad High Court makes the provision of 30 days notice period in advance under the Special Marriage Act, 1954 optional. 


The verdict of the Allahabad High Court is against the bigotry of the "Love Jihad". 

LOVE JIHAD

Background:


There is a provision under the Special Marriage Act, 1954 that any inter-faith and inter-caste marriages couples give the notice period 30 days in advance before marriage.


Due to this provision, many inter-caste couples have faced violations from the bigotry of the community of the "Love Jihad". It is also caused the violation of privacy under the Fundamental Rights. 


Recently, The Allahabad High Court came on the ruling of the plea of the Muslim women who converted their caste Hinduism for marriage that this notice period is an invasion of the privacy of an individual.

The Allahabad High Court fetch the decision that the notice period of 30 days under the special marriage act is optional, not mandatory. It totally depends on the choice of the individual.  

Justice Vivek Choudhary said this act took from the 1872 act but now the condition, not the same as before. Society has been changed and progressive against before. Laws should uphold fundamental rights, not violate them. and Marriage is the freedom of the individual without interfering with the state and non-state actors. 

This ruling of the High Court is against the UP Anti Conversion Law.

According to conversion law, the conversion of religion by marriage to be unlawful, and mandates the 60 days notice period to the District Magistrate before Marriage in advance.