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Ajay Kumar (Student)     07 October 2011

Right to marriage

Right to Marriage is a fundamental right or Constitutional right...if comes under which Article of INDIAN CONSTITUTION ?
Any one please guide me.


Learning

 11 Replies

PRITI DAHOTRE (ADVOCATE)     07 October 2011

Basically it is a human right explicitly provided under Human Rights Charter that to under the heading of "Right to have family". In Indian Constitution this right not explicitly mentioned. One can interpret it under the provisions of Art. 21 as "Right to Life". It is neither fundamental nor constitutional right as such provided under Indian Constitution.

Democratic Indian (n/a)     07 October 2011

The right to marriage is without any kind of doubt a fundamental right under Article 21 of the Constitution of India. It appears there is unnecessary confusion about fundamental rights especially among the legal community, let me make the points clear:


1) Natural rights and human rights are basically the same. Fundamental rights are those natural rights/human rights which are fundamental to the enjoying of life. Without fundamental rights the life will become miserable.


2) Neither human rights or fundamental rights are being "provided", "created", "made" or "granted" by any government document, Charter or Constitution. The Constitution is merely guaranteeing already existing fundamental rights from infringement by the State. They are already there and being enjoyed by the society. The society in the past may not be enjoying some fundamental rights or being aware of it. But when the society starts enjoying them they become fundamental rights. For example essential services like the right to electricity or internet where not in existence before electricity was discovered or internet was created. But today since they are enjoyed by the society and life will become miserable without electricity or internet, they are officially guaranteed as fundamental rights in many countries.


3) It is not necessary that all the fundamental rights guaranteed under Part III of the Constitution need to be explicitly enumerated. For example the right to information, the right to keep and bear arms, the right to property are not explicitly enumerated under the Part III of the Constitution but they are without any doubt fundamental rights guaranteed under the Part III of the Constitution. To understand in detail one may read the following links:


a) https://www.lawyersclubindia.com/forum/RKBA-guaranteed-under-Articles-19-and-21-of-Constitution-36011.asp


b) https://www.lawyersclubindia.com/forum/Sc-right-to-property-is-a-human-right-44986.asp

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 October 2011

Dear Ajay kumar

I am agree with above mentioned opinion as per Costitution Of india article 21"Right To Life'' the best answer of your query

1 Like

PURSHOTTAM KHANCHANDANI (ADVOCATE HIGH COURT MUMBAI - 880 660 1717)     08 October 2011

IT IS A PERSONAL RIGHT ALONGWITH DUTY

Democratic Indian (n/a)     08 October 2011

Every fundamental right is also a personal right. Duty is function of right. If right does not exist, duty does not exist.

 

Constitution is the Supreme Law and all the statutory laws are flowing from the Constitution. From where are the marriage related statutory laws flowing from? Nothing but the Article 21.

Ashwin Kumar Ballari (PVT)     14 October 2011

Right to marry is a suspended in cases of People With HIV AIDS.In case they marry they shall face penal consequences imposed by S.269 and S.270 of the I.P.C.

Ajay Kumar (Student)     24 November 2011

Thank you sir.

Arup (UNEMPLOYED)     24 November 2011

To get married ie marriage is a Fundamental right under The Constitution of India, Art 21, Personal liberty.

K. M. Khokhar (Advocate)     31 May 2012

Right to Marriage according to your own will is a Constitutional Right according to Article 21 see judgement below:-

Lata singh v.state of Uttar Pradesh, AIR 2006 SC 2522

The Supreme Court viewed the right to marry as a component of right to life under Art 21 of Indian Constitution the court observed that:

“This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste marriage the maximum they can do is that they can cut off social relations with the son or daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter caste marriage”.

 

venu gopal   28 December 2016

Hi Sir/Madam,

my name is venu gopal ,

i need some help for my marriage . i am in a relationship with my beloved since 8 years.

we want to marry but the problem is we have a different tag lines (CASTE) so please tell me is there any easy way to marring her ?(I don`t know any laws )

please email me with your suggestions my email ID is venu90145@gmail.com 

 

thanks &reguards 

Venu Gopal 

Sudhir Kumar, Advocate (Advocate)     15 January 2017

Go Ahead.

 

There was no need to put a question paper of 20 marks before experts and experts attending and then intorducing facts.

 

Please share if there are more facts to share.


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