Right to Marry under Article 21 of Indian Constitution
Right to Marry under Article 21 of the Indian Constitution
1. Constitutional Basis
Article 21 of the Indian Constitution states:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
The right to life under Article 21 has been expansively interpreted by the Supreme Court to include various fundamental rights essential to live a life with dignity.
Among these rights, the Right to Marry has been recognized as an intrinsic part of the right to life and personal liberty.
2. Meaning and Scope
The Right to Marry means that an adult person has the freedom to choose a life partner and marry, without arbitrary interference from the State or others.
This right is subject to:
The laws of the land (such as marriageable age, consent, prohibitions on bigamy, etc.)
Customary and religious practices, as long as they don’t violate constitutional guarantees.
It protects:
The freedom to marry a person of choice.
Protection against forced marriages.
The right to solemnize marriage in a lawful manner.
The Right to Marry is also closely linked with:
Right to Privacy
Right to live with dignity
Right to equality (especially in inter-caste or inter-religious marriages)
3. Important Case Laws
📌 Lata Singh v. State of U.P. (2006)
Facts: A woman (Lata Singh) was forcibly prevented by her family and local authorities from marrying her choice of partner from another caste.
Judgment:
Supreme Court held that the right to marry a person of one's choice is part of personal liberty under Article 21.
The State cannot interfere in a consensual adult marriage.
Recognized the importance of individual autonomy and dignity.
State authorities were directed not to intervene or harass individuals exercising this right.
📌 Shafin Jahan v. Asokan K.M. (2018)
Facts: The petitioner sought protection for a woman who married a man of a different religion, against threats and pressure from her family.
Judgment:
Affirmed the right to marry a person of choice, including inter-religious marriages.
Emphasized that adult individuals have the right to marry by choice without coercion.
State and family have no right to interfere with the personal liberty of consenting adults.
The court said: “The right to marry a person of choice and to live with dignity is part of personal liberty guaranteed under Article 21.”
📌 S. Khushboo v. Kanniammal (2010)
Though primarily about freedom of speech, this case also recognized that the right to marry freely is part of personal liberty.
4. Legal Restrictions on the Right to Marry
The right is not absolute; it is subject to reasonable restrictions under law, such as:
Minimum age for marriage (Prohibition of Child Marriage Act).
Consent of both parties.
Prohibition of bigamy under Hindu Marriage Act, Muslim Personal Law, etc.
Restrictions to prevent incestuous marriages.
Laws related to registration of marriage (e.g., Special Marriage Act).
These laws are considered “procedure established by law” under Article 21.
5. Significance of the Right to Marry
The Right to Marry safeguards individual autonomy, freedom of choice, and human dignity.
It protects individuals, especially women and marginalized groups, from coercion and forced marriages.
It supports the broader values of equality, liberty, and secularism.
6. Summary
| Aspect | Explanation |
|---|---|
| Constitutional Provision | Article 21 (Right to Life and Personal Liberty) |
| Nature of Right | Fundamental right, part of personal liberty |
| Scope | Right to choose spouse and marry without undue interference |
| Limitations | Subject to marriage laws and age/consent requirements |
| Key Case Law | Lata Singh (2006), Shafin Jahan (2018), Khushboo (2010) |
| Significance | Ensures autonomy, dignity, protection from forced marriage |
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