Why in news?

• Recently, the Supreme Court said that the advocates can solemnise these marriages in their personal capacity as friends or relatives of the couple.
• It ruled that not every valid marriage requires a public declaration or solemnisation in a particular manner.
  • Couples intending to marry may refrain from making a public declaration due to various reasons, such as familial opposition or fear for their safety.
  • In such cases, enforcing a public declaration could put lives at risk and potentially result in forced separation.
• The apex court also underlined the importance of autonomy in choosing life partners and approved a Tamil Nadu law that allowed “self-respect” marriages.

Background:

• A 2014 ruling of the Madras High Court had held that marriages performed by the advocates are not valid.
• It also said that “suyamariyathai” or “self-respect” marriages cannot be solemnised in secrecy.
• This was challenged in the Supreme Court, which set aside the Madras HC Judgement.

What’s in today’s article:

• Self-respect marriages

What are ‘self-respect’ marriages?

• Background:
  • In 1968, the Hindu Marriage (Tamil Nadu Amendment) Act, 1967, received the President’s approval and became the law.
  • This amendment modified the Hindu Marriage Act of 1955, by inserting Section 7-A into it.
    • However, it extended only to the state of Tamil Nadu.
  • Section 7-A deals with the special provision on “self-respect and secular marriages”.
    • It legally recognises any marriage between any two Hindus, which can be referred to as “suyamariyathai” or “seerthiruththa marriage” or by any other name.
• About
• Such marriages are solemnised in the presence of relatives, friends, or other persons, with parties declaring each other to be husband or wife, in a language understood by them.
• Further, each party to the marriage garlands the other or puts a ring on the other’s finger or ties a “thali” or mangal sutra.
• However, such marriages are also required to be registered as per the law.
• Rationale behind the Tamil Nadu government amending the Hindu Marriage Act, 1955
  • The idea was to radically simplify weddings by shunning the need for mandatory Brahmin priests, holy fire and saptapadi (seven steps).
  • This allowed marriages to be declared in the presence of the couple’s friends or family or any other persons.
  • In a nutshell, the amendment was made to do away with the need for priests and rituals, which were otherwise required to complete wedding ceremonies.

What has the top court ruled on ‘self-respect’ marriages in the past?

• In “S. Nagalingam vs Sivagami” (2001), the apex court recognised the petitioner’s marriage with his wife to be a valid one despite the ceremony of “saptapadi” or seven steps around the sacred fire, not taking place.
• As per the court, the main thrust of this provision is that the presence of a priest is not necessary for the performance of a valid marriage.
• Parties can enter into a marriage in the presence of relatives or friends or other persons.