Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

Right to Marriage is a Fundamental Right

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Art. 21

Mains level : Interfaith marriage and associated issues in India

An individual’s right to marry a person of his or her choice is a fundamental right that cannot be denied on the basis of caste or religion by anybody, re-iterated the Karnataka High Court.

Discuss the various ethical and rights issues involved in interfaith marriages.

Right to Marriage

  • The right to marry is a part of the right to life under Article 21 of the Indian Constitution.
  • The right to marriage is also stated under Human Rights Charter within the meaning of the right to start a family.
  • The right to marry is a universal right and it is available to everyone irrespective of their gender.
  • Various courts across the country have also interpreted the right to marry as an integral part of the right to life under Article 21.
  • A forced marriage is illegal in different personal laws on marriage in India, with the right to marry recognized under the Hindu laws as well as Muslim laws.

Other laws that lay down a person’s right to marry in India are:

  1. The Prohibition of Child Marriage Act, 2006
  2. The Guardians and Wards Act, 1890
  3. The Majority Act, 1875
  4. The Family Courts Act, 1984
  5. The Protection of Women from Domestic Violence Act, 2005

Back2Basics: Scope of Article 21

  • Article 21, considered the heart and soul of the Constitution, states, ‘No person shall be deprived of his life or personal liberty except according to the procedure established by law.

It has a much more profound meaning that signifies the:

  • Right to live with human dignity
  • Right to livelihood
  • Right to health
  • Right to pollution-free air
  • Right to live a quality life
  • Right to go abroad
  • Right to privacy
  • Right against delayed execution,

And anything and everything that fulfils the criteria for a dignified life.

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