'Idiots, lunatics' can't register their marriages

Want to tie the knot in a secular fashion? You have got to proclaim that you are neither an 'idiot' nor 'lunatic' to get your marriage registered.
A clause in Form III to register marriages under the Special Marriage Act, 1954, meant for those seeking to marry beyond the ambit of personal laws and sectarian divides like caste and faith, asks applicants to declare that "neither of us, is an idiot or lunatic".

While this may be part of a valid legal document, many feel the terms are frivolous and insensitive. Psychiatrists point that as per new laws, lunacy as a term is no longer in use.

An Australia-based animator, Nitin (name changed) said, "I remember seeing this in my form two years ago and I was unsure if this was for real. I knew it was trying to say that the person must be of sound mind, but the way it is worded is extremely wrong".

Nitin registered his marriage at a sub-registrar's office in the city in 2017.

He added, "For someone who is battling mental health issues, such terms can cause additional trauma".

Self-certification makes no sense, says a sociologist.
A Bengaluru-based sociologist, Anand Inbanathan said, the statement is borrowed from the Special Marriage Act and reflects colonial sensibilities.

The clause isn't worded properly and needs to make sense in present times, said Inbanathan.

He added, "The other thing is it's illogical. Self-certification makes no sense when the question is about one being mentally sound. It should rather ask applicants to clarify if they are willing to get married on their own and not under any pressure."

Dr Pratima Murthy, professor of psychiatry at The National Institute of Mental Health and Neurosciences (Nimhans), said as terms like 'lunacy' and 'idiocy' have been discontinued in use by law, the changes must also reflect in all the Acts. "The Mental Health Act of 1987 replaced the term 'lunatic' with 'mentally ill person' and the Acts too need to be worded appropriately," she added.

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