Approach:

Introduction: Define the special marriage act

Body: Describe the process of marriage under this act, mention the importance of this act, and highlight some issues and challenges with this legislation.

Conclusion: Suggest a way forward to further ensure a spirit of fraternity among the Indian masses.

Answer:

The Special Marriage Act in India is a law that allows for civil marriage between individuals of different religions or castes. It provides a means for individuals to register their marriages and protects their rights as a couple, regardless of their backgrounds.

Following is the process of marriage under the “Special Marriage Act”-

1. Intimation to the marriage registrar about the intention to get married by the couple.
2. Waiting period of thirty days after the intimation.
3. Publication of notice at the marriage registry office.
4. Within 30 days, objections may be raised to the decision of marriage
5. After the 30-day notice period has passed, marriage is permitted.
6. A marriage officer may officiate at the wedding.
7. Following the ceremony, a marriage certificate is issued.
8. Couples are recognized by the law as married couples.

Importance of the Act:

1. Bolsters individual autonomy and the right to equal marriage, as supported by Articles 21 and 15 of the Indian Constitution.
2. Promotes secularism and social harmony as desired by Articles 25 and 14 of the Indian Constitution by allowing interfaith and intercaste marriages.
3. Provides a straightforward, nonreligious means for couples to get married without the complications of religious ceremonies, as upheld by the 2006 ruling of the Supreme Court in the case of Seema vs Ashwani Kumar.
4. Gives marriages that are not recognized by religious organizations legal recognition. It gives married couples a formal way to register their union and gain legal recognition.
5. Ensures that rights are protected regardless of religion or caste in case of disputes or separation.
6. Protects against forced marriages and provides a legal remedy in circumstances as supported by the judiciary in the 2006 Lata Singh v. State of UP decision, which the Supreme Court also endorsed.
7. Provides couples with the chance to adopt kids, giving needy kids a home as supported by the Juvenile Justice (Care and Protection of Children) Act, 2015.

Issues and challenges with the Act:

1. The lengthy registration process for marriages creates complexities.
2. According to Section 7 of the Special Marriage Act, an objection to a marriage notice may be issued, which may subject couples to harassment.
3. Following the steps outlined in Section 16 of the Special Marriage Act, couples may experience practical issues if marriage certificates are delayed.
4. Lack of public awareness of the Act's existence and its advantages.
5. According to a 2013 report by the National Commission for Women, various states have implemented the law inconsistently.
6. Lack of provisions under Section 4 of the Act for same-sex weddings.
7. The Committee on the Status of Women in India, 1975, states that families and society can harass and discriminate against couples.
8. Interfaith and inter-caste marriages continue to face social stigma.

Thus, there should be more simplification of the process under the act. Further awareness-raising attempts should be made to popularize the act and its provisions to promote a spirit of secularism and fraternity among the masses.