Marriage is a fundamental institution that plays a significant role in the lives of individuals, families, and society as a whole. In India, the right to marriage is recognized as a fundamental right under Article 21 of the Constitution, guaranteeing the right to life and personal liberty. This article provides an overview of the right to marriage in India, exploring the legal framework, practices, and key considerations.
- Legal Framework:
In India, marriage laws are governed by personal laws based on religion and the Special Marriage Act, 1954. The personal laws include the Hindu Marriage Act, 1955, the Muslim Personal Law, the Indian Christian Marriage Act, 1872, and others. These laws define the eligibility criteria, solemnization procedures, conditions, and legal implications of marriage.
- Minimum Age for Marriage:
The legal age for marriage in India is different for men and women. The Prohibition of Child Marriage Act, 2006 sets the minimum age for marriage at 18 for women and 21 for men, aiming to prevent child marriages and safeguard the rights of minors.
- Consent and Choice:
The right to marriage in India emphasizes the importance of free and informed consent of both parties. Consent should be voluntary, without any coercion, fraud, or undue influence. Forced marriages, dowry-related practices, and any form of compulsion are strictly prohibited and punishable under the law.
- Interfaith and Inter-caste Marriages:
India is a diverse country with different religions and castes. Interfaith and inter-caste marriages are recognized and protected by law. The Special Marriage Act, 1954 allows individuals from different religions or castes to solemnize marriages and register them irrespective of their backgrounds, promoting social integration and harmony.
- Same-Sex Marriages:
As of the knowledge cutoff date in September 2021, same-sex marriages are not legally recognized in India. However, there have been ongoing discussions and legal challenges advocating for the recognition of same-sex marriages, highlighting the importance of inclusivity and equality in society.
- Rights and Responsibilities:
Marriage confers certain legal rights and responsibilities upon the spouses. These include property rights, inheritance rights, rights to maintenance, and the right to live together. It also entails obligations such as fidelity, mutual support, and shared responsibility for the family unit.
- Dissolution of Marriage:
In cases of irretrievable breakdown, couples have the right to seek divorce or annulment of the marriage. The laws pertaining to divorce differ based on personal laws and the grounds for divorce, such as cruelty, adultery, desertion, or mutual consent, vary accordingly.
- Right to marriage as a fundamental right
The judicial evolution of the right to marriage as a fundamental right in India can be traced through significant legal cases that have shaped constitutional interpretations over the years. The recognition of the right to marriage as a fundamental right under Article 21 (Right to Life and Personal Liberty) of the Constitution has been established through a series of landmark judgments. Here is a brief overview of the judicial evolution:
- State of Bombay v. Narasu Appa Mali (1951): In this case, the Bombay High Court held that personal laws, including those relating to marriage, divorce, and inheritance, were not subject to fundamental rights and could not be challenged on the grounds of violating fundamental rights. This judgment emphasized the autonomy of personal laws based on religion.
- Gobind v. State of Madhya Pradesh (1975): The Supreme Court, in this case, held that the right to marry is encompassed within the broader right to personal liberty under Article 21. It emphasized that the freedom to choose a life partner is a fundamental right protected under the Constitution.
- Lata Singh v. State of Uttar Pradesh (2006): This case dealt with the issue of protection from honor killings for inter-caste and inter-religious marriages. The Supreme Court emphasized the right to marry a person of one’s choice as a fundamental right and held that any interference with the couple’s lives or threats to their lives violated their fundamental rights.
- Shafin Jahan v. Ashokan K.M. (2018): This case focused on the right to marry a person of one’s choice, particularly in the context of inter-faith marriages. The Supreme Court reiterated that the right to marry a person of one’s choice is an integral part of individual autonomy, freedom, and dignity, protected under Article 21.
- Navtej Singh Johar v. Union of India (2018): In this significant judgment, the Supreme Court decriminalized consensual same-sex relations. While the case primarily dealt with Section 377 of the Indian Penal Code, the judgment recognized the importance of personal autonomy and the right to choose a partner, paving the way for broader discussions on the recognition of same-sex marriages.
These cases reflect the judicial evolution of the right to marriage as a fundamental right in India. The judiciary, through its interpretations, has progressively recognized and reinforced the right to marry as an essential aspect of individual autonomy, personal liberty, and the right to life under the Constitution. As a result, the right to marriage has gained significant legal recognition and protection in the country.
The right to marriage in India is safeguarded by a legal framework that upholds individual autonomy, consent, and equality. While personal laws govern the practices within specific religious communities, the Special Marriage Act provides a platform for interfaith and inter-caste marriages. As society evolves, it is essential to address emerging issues, such as same-sex marriages, ensuring that the institution of marriage remains inclusive and respectful of individual rights. By understanding the legal framework, rights, and responsibilities associated with marriage, individuals can exercise their right to marriage while upholding the principles of equality and consent.
