Evolution of the “Right to Marry” in India
Evolution of the “Right to Marry” in India, tracing how this fundamental right has developed through legal, social, and constitutional changes:
Evolution of the “Right to Marry” in India
1. Historical and Cultural Context
Traditionally, marriage in India was governed by personal laws based on religion (Hindu, Muslim, Christian, etc.).
Marriage was often considered a social and religious duty, regulated by customs and community rules.
The state had limited intervention in marital affairs, except in codified personal laws.
Concepts like inter-caste or inter-religion marriage faced strong social resistance.
2. Legal Framework Pre-Independence
Various personal laws governed marriage for different communities, e.g.:
Hindu Marriage Act (1955) (post-independence but reflecting pre-independence customs).
Muslim Personal Law governed by Sharia principles.
Christian Marriage Act (1872).
These laws primarily focused on regulating marriage, divorce, and maintenance, but did not explicitly define “right to marry” as a fundamental right.
3. Constitutional Developments Post-Independence
Fundamental Rights Relevant to Marriage
Article 21: Right to Life and Personal Liberty
Courts have interpreted this to include right to privacy, dignity, and autonomy, which underpins the right to marry.
Article 14: Right to Equality
Ensures equal protection under law; has been used to challenge discriminatory restrictions on marriage.
Article 15: Prohibition of Discrimination
Prevents discrimination based on religion, caste, sex, which impacts marriage rights.
4. Judicial Recognition of the Right to Marry
Early Judgments
Initially, courts treated marriage primarily as a personal law matter, with limited emphasis on fundamental rights.
Landmark Cases Expanding the Right to Marry:
Lata Singh v. State of Uttar Pradesh (2006)
Supreme Court protected the right of an adult woman to marry a person of her choice, even against family opposition.
Recognized that right to marry a person of one’s choice is part of the fundamental right to life and personal liberty under Article 21.
Shafin Jahan v. Asokan K.M. (2018)
Supreme Court upheld the right of an adult woman to marry a person of her choice, even in inter-religious marriages.
Reaffirmed the right to marry as an essential part of individual autonomy and dignity.
Joseph Shine v. Union of India (2018)
Decriminalized adultery, affirming that marriage and personal relationships are subject to constitutional rights and freedoms.
5. Right to Marry and Inter-Caste/Inter-Religion Marriages
Courts have consistently emphasized that the right to marry includes the freedom to marry outside one’s caste or religion.
However, social hostility and honor crimes remain challenges.
The Special Marriage Act, 1954 allows civil marriage between people of different religions without conversion.
6. Contemporary Issues
Same-sex marriage:
After Navtej Singh Johar v. Union of India (2018) decriminalized homosexuality, the demand for legal recognition of same-sex marriage has gained momentum.
Courts have yet to fully recognize the right to marry for LGBTQ+ individuals under existing laws.
Child marriage:
Prohibited under the Prohibition of Child Marriage Act, 2006, protecting the right to marry only after attaining legal age.
Forced marriages:
Courts protect the right to free and informed consent to marriage.
7. Summary Table
| Era/Aspect | Development/Case | Significance |
|---|---|---|
| Pre-independence | Personal laws govern marriage | Marriage seen as social/religious duty |
| Post-independence Constitution | Articles 14, 15, 21 provide framework | Rights to equality, liberty underpin marriage rights |
| Lata Singh (2006) | Right to marry person of choice affirmed | Marriage choice = fundamental right |
| Shafin Jahan (2018) | Right to marry protected in inter-religion marriage | Reinforces personal autonomy |
| Navtej Singh Johar (2018) | Decriminalized homosexuality | Opens door to LGBTQ+ marriage rights |
| Special Marriage Act (1954) | Civil marriage law for inter-religion couples | Legal framework beyond religious personal laws |
In brief:
The right to marry in India evolved from a religious/customary practice to a constitutionally protected personal liberty.
The Supreme Court has played a vital role in expanding this right, emphasizing individual autonomy, dignity, and equality.
The journey continues, especially regarding same-sex marriage and protection against forced or child marriages.
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