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In India, the Right to Marry

Article 21 of the Constitution guarantees the right to marry the person of one's choice. The right to life is guaranteed by the Constitution. This privilege can only be taken away by a law that is substantively, procedurally, and substantively fair, just, and reasonable. The power of each individual to make decisions on subjects vital to the pursuit of happiness is intrinsic to the liberty guaranteed by the Constitution as a fundamental right. Belief and faith, as well as whether or not to believe, are at the heart of constitutional liberty.

"The role of society in deciding our choice of spouses is non-existent. "Article 21, which deals with the right to life and personal liberty, is a broad provision that encompasses the inalienable right to marry the person of one's choice.

"An intrinsic part of Article 21 of the Constitution would be the freedom of choice in marriage," the Supreme Court stated emphatically. Such crimes are the outcome of a state's ineptitude or unwillingness to protect its citizens' fundamental rights." Article 21, which deals with the right to life and personal liberty, is a broad provision that encompasses the inalienable right to marry the person of one's choice.

According to Article 21 of the Indian Constitution, the right to marriage is an element of the right to life. Within the scope of the right to start a family, the right to marry is also specified in the Human Rights Charter. The right to marry is a universal right that applies to everyone, regardless of gender. The freedom to marry has also been viewed as an intrinsic aspect of the right to life under Article 21 by several courts around the country.

In India, diverse personal laws on marriage make forced marriage illegal, with the right to marry recognised by both Hindu and Muslim laws.

Other regulations in India that govern a person's right to marriage include:
  • The 2006 Child Marriage Prohibition Act
  • The 1890 Guardians and Wards Act
  • The 1875 Majority Act
  • The 1984 Family Courts Act
  • The Protection of Women from Domestic Violence Act of 2005 was enacted to protect women from domestic violence.

Hadiya's case has reignited a debate in India over a woman's freedom to marry whom she chooses. Her parents contested Hadiya's right to marry who she wanted in the Kerala High Court. Despite the fact that she is 25 years old, the state High Court supported her father's claim to custody and gave her to him.

Hadiya's case has reignited a debate in India over a woman's freedom to marry whom she chooses. Her parents contested Hadiya's right to marry who she wanted in the Kerala High Court. Despite the fact that she is 25 years old, the state High Court supported her father's claim to custody and gave her to him.

Hadiya, who was previously a Hindu, converted to Islam in order to marry a Muslim guy, zand the case has been dubbed the "love jihad" case. After she married, her father filed a habeas corpus suit in Kerala High Court under Article 226 of the Constitution, alleging that she had been brainwashed by religious zealots.

Hadiya was 25 years old when she married, but her marriage was annulled in May 2017 by the Kerala High Court, which described her as "weak and defenceless." Hadiya's husband appealed the High Court's ruling, filing a special leave petition in the Supreme Court, which ordered an NIA investigation.

Hadiya was just released from her father's custody after the Supreme Court heard her statement in open court on November 27. Hadiya was allowed to pursue her studies at a Salem college and live with her husband after the Supreme Court ruled in her favour.

The case of Hadiya has caused everyone to rethink the applicability and desirability of the right to marriage in India. Women's rights in India are still subject to ignorance, as the majority of people disregard women's right to choose and consent Seema in marriage. The law, on the other hand, states otherwise. The legal profession has repeatedly campaigned for obligatory marriage registration in India. Several such proposals were made by the National Commission on Women. In the case of Seema v. Ashwani Kumar & others, the Honourable Supreme Court suggested that all religious marriages be registered.

Polygamy, marriage fraud, child marriage, and other such ills are all reduced when marriages are registered. It also aids in the protection of women's marital rights.

Is it true that in India, the right to marry is a fundamental right?
Lata Singh v. State of Uttar Pradesh, a 2006 case involving an inter-caste marriage, was one of the first to address this problem. The Supreme Court ruled that because the petitioner was a major, she had the right to marry whoever she wanted and that there was no statute prohibiting an inter-caste marriage.

The verdict, on the other hand, was limited to the facts of the case and did not constitute a "statement of law" by the Court. The Court did, however, specifically accept the petitioner's ability to pick her own spouse. In 2014, the Supreme Court took suo motu note of newspaper reports of a 20-year-old Indian woman being gang raped on the instructions of a village court, just over a decade later. Because the woman had a relationship with a guy from a different community, the village court or community panchayat issued this so-called penalty. "An intrinsic part of Article 21 of the Constitution would be the freedom of choice in marriage," the Supreme Court stated emphatically.

The choice of a partner, whether within or outside of marriage, is solely up to the person. Marriage's intimacies are contained inside an inviolable zone of privacy. Questions of faith have no bearing on an individual's full freedom to pick a life mate. The freedom to freely practice, profess, and promote religion is guaranteed by the Constitution.

Individual autonomy reigns paramount in questions of faith and belief, just as it does in situations of marriage Neither the state nor the law may impose a partner's decision or limit a person's freedom of choice in these situations. According to the Constitution, they are the essence of personal liberty," observed Justice Chandrachud.

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