My partner & I recently accessed the Special Marriage Act in Lucknow, UP to undergo a civil marriage. The bureaucracy tried every possible way to dissuade us from using this law and raise unreasonable objections. (1/n) https://twitter.com/Article14live/status/1318039301574119424
When we filed the notice of intended marriage, the clerk asked us if we were sure about following up with the police comissioner's office in UP & Karnataka (my partner is a resident of Bangalore). (2/n)
We were also told that it might be better if we ourselves posted the notices to be sent to Bangalore- for which we were expected to bribe him. (3/n)
It took significant amount of effort to persuade the Special Marriage Office in Lucknow to send notices to Bangalore in English & not hindi (bribe waa expected again).
(4/n)
I had two visits from the police at my house- one from a constable at the local police station and the other from a sub inspector from the Local Investigation Unit (LIU).
(5/n)
The LIU officer in his visit happened to very casually say to my father that if parents have consented to this marriage, the process should be smooth. What if they didn't?
(6/n)
In Bangalore, the cops called my partner's parents to their local police station twice.
(7/n)
The office of the Comissioner of Police in Bangalore refused to respond to any physical notices in a pandemic & asked my partner to apply for a police verification certificate (PVC) for marriage through the Seva Sindhu website.
(8/n)
It took about three days to figure out a way to submit the application on the website. It only worked on a Firefox browser (don't ask how we figured this out). There was a fee involved- ₹ 450.
(9/n)
Once the certificate was available for download, it was produced before the Special Marriage Office in Lucknow. The clerk despite it being digitally signed by the Bangalore police comissioner with a verifiable QR code refused to accept it.
(10/n)
The clerk insisted for an official reply from the Bangalore police comissioner's office. While the Bangalore authorities refused to do any such thing.
(11/n)
Despite it being very clear that only unmarried persons are issued the PVC, the clerk insisted that the PVC explicitly state that my partner is 'unmarried'.
(12/n)
We had reached a roadblock and I am ashamed to say that what worked was a senior contact in the judiciary making one phone call to the Special Marriage Office (Additional district Magistrate).
(13/n)
And, magically all objections disappeared. Despite all documentation being in place we struggled. Imagine what it must be like for intercaste/interfaith couples who want to use this law very much against the will of their parents and others.
(14/n)
At the end of the process, we were just exhausted. But in many other contexts, you fear your personal liberty being restricted, being violently hurt & even killed.
(15/n)
What is the need for a 30 day notice period under this law when marriages under personal law don't require the same? Why are notices sent to the addresses? Is the state actively trying to discourage the only possible way to solemnise interfaith marriages in India? (16/n)
The implementation of the Special Marriage Act, 1954 is a classic example of collusion of casteist, bigoted & patriarchal familial and legal forces to restrict sexual autonomy of consenting adults. (17/n)
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