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Author Topic: Marriage is a Constitutional Right  (Read 6347 times)

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Offline advkartik

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Marriage is a Constitutional Right
« on: April 24, 2012, 10:50:56 PM »
In India:                                                                                                        
The right to marry is a component of right to life under art 21 of onstitution of India which says, “No person shall be deprived of his life and personal liberty except according to procedure established by law”. in the context of right to marry, a mention may be made of a few Indian cases.                                                                                                                                         Person who suffering from venereal disease,even prior to the marriage cannot be said to have any right to marry so long as he is not fully cured of disease.

In United States:
One of our most fundamental rights as citizens of the United States of America is the right to marry the person of our choice. Courts in this country have determined that the right to marry is, in some cases, more fundamental than the right to vote. The right to marry cannot be denied:         
(a)on the basis of an individual’s race;                                                                                                 
(b)to those who have shown themselves to be delinquent on child welfare payments; or                   (c)to inmates.

Legally, every young person has right to marry and to enter into a marriage contract. But unlike any commercial contract, responsibilities of the contract of marriage are not limited only within the contractual parties. Marriage is the foundation of a family as well as social relations. A couple owes a great responsibility to the family and society. In other words, right to marry is not an absolute one; it has to correspond to some other duties. For example, among the various objectives of a marriage, two prime objectives are to legalize the sexual intercourse between two persons of opposite sexes, and to procreate children. But through marriage, law does not only give right to two adult persons to satisfy their biological needs and to give birth to legitimate children, but also does impose a duty not to harm their life partner and children in any way. If a person is not able to perform this duty, he/she cannot exercise his/her right to marry

                    The right to marry is subject to national laws regulating marriage; including laws that prohibit marriage between certain types of people (for example close relatives).   

                         Although the government is able to restrict the right to marry, it must not impose limitations which impair the very essence of the right.
Right to marriage is provided under human right charter that to under the heading of” Right to have family”. In Indian Constitution this right not expressly mention .But it is interpretated under Art 21 .right to marry is universal right .it is available to all persons but whether it includes same sex marriage. Marriage right is recognized at international level but in India there is no special law for marriage right .marriage right is mentioned under various covenant but it does not include person of same sex marriage. Indian constitution provides for right to marry but it is not fundamental right.
« Last Edit: April 24, 2012, 10:52:42 PM by advkartik »

Offline advarjun

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Re: Marriage is a Constitutional Right
« Reply #1 on: August 01, 2013, 01:08:16 AM »
Excellent piece of Info Advocate kartik
Advocate Arjun India's Finest legal expert

Offline klandry

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Re: Marriage is a Constitutional Right
« Reply #2 on: August 01, 2013, 02:30:02 AM »
Yes, I agree. This is indeed a great and informative post about marriage constitutional rights. Thanks for this!


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