Panoramic View of the Right to Marry

Introduction

One of the universal social institutions is marriage. It is established by human civilization in order to manage and regulate man’s life. It is the foundation of a society. One of the universal social institutions is marriage. It is established by human civilization in order to manage and regulate man’s life. It’s the foundation of a society…. Children learn to become citizens in their families; they learn about relationships in their families; they learn what is expected of them in society, how to act, and how to be in their families. The conventional concept of marriage, which consists of one man and one woman in a monogamous and permanent relationship, is central to the nuclear family. To ensure a healthier society, we must promote and safeguard marriage.

Marriage is legally recognised as a valid way to unite people. Society supports the union of two souls since the fundamental goal of marriage is to produce and raise children, as well as to care for them until they are able to care for themselves.

President George W. Bush recognises the importance of marriage and has stated that he will support a constitutional amendment that protects marriage from risks posed by cultural collapse. Marriage must continue to be the social norm for family life. We cannot rejuvenate our country if more than half of our children are born into families where there is no marriage within a decade.

The objective of marriage is to spiritually, emotionally, and physically combine a man and a woman in a covenantal relationship with their Creator as husband and wife. Spiritually, in the sense that completing religious responsibilities provides spiritual benefit.

Definition:

Marriage is defined by the dictionary as “the legal union of a man and a woman as husband and wife.” From a legal standpoint, the definition of marriage can be examined. “The state of being linked to a person of the opposite sex as husband or wife in a legal, consenting, and contractual relationship recognised and sanctioned by and dissolvable only by law,” according to a legal definition. Marriage is a legally binding compact between two people that brings their property, money, and lives together.

Marriage In terms of personal law:

Marriage is a body for the fulfilment of religious duties, according to Hindu Law. It’s regarded as a union of flesh and flesh, as well as blood and blood. It is not a civil transaction, but a holy rite.

Marriage in Muslim law is as follows:

“Everyone must marry,” says the Quran. Marriage, according to the Quran, is the sole means to satisfy one’s desires. Marriage (Nikah) is defined as a contract between two people with the goal of procreating and legalising children.

Hari Singh Gour claims that

“A marriage is a legally acknowledged union between a man and a woman. It is sometimes defined as an act, ceremony, or procedure that establishes a husband-wife relationship. It should be noted that marriage has varied meanings in different countries.”

International Perspective:

Modern international human rights notions can be traced back to the post-World War II era and the establishment of the United Nations. The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights would be codified in the International Bill of Human Rights, which would include the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights. The family is the most basic and natural unit of society, and it requires the state’s full protection. Human rights law defends everyone’s affirmative right to marry and start a family. It is not prescriptive in terms of the types of households and marriage that are allowed, implicitly acknowledging that there are numerous social configurations all around world. The United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR) in 1948. The UDHR encourages member countries to pursue a many of, civil, economic, and social rights, citing them as part of the “basis of world freedom, justice, and peace.” The statement was first international legal attempt to constrain nations’ behaviour and impose duties on them to their citizens, based on the rights-duty duality model.

Marriage is considered a civil right:

The United States recognised federal civil rights law is based on the interpretation of the United States Constitution by the Supreme Court. Relationship has long been recognised as a civil right under this norm. Section 1 of the Fourteenth Amendment, which itself was approved in 1868, is the operative constitutional text. No State shall make or enforce any law that abridges the privileges or immunities of United States citizens; nor shall any State deprive any person of life, liberty, or property without due process of law; nor shall any State shall any person be denied within its jurisdiction the equal protection of the laws.

Marriage is a fundamental right guaranteed by the United States Constitution:

The right to marry the person of our choice is one of our most fundamental rights as citizens of the United States of America. In some situations, courts in this country have ruled that the right to marry is more basic than the right to vote. The right to marry cannot be denied: (a) because of a person’s race; (b) because they have been delinquent on child welfare payments; or (c) because they are in prison.

Indian Point of View:

The right to marry is part of the right to life, as stated in Article 21 of the Indian Constitution, which states that “no individual shall be deprived of his life or personal liberty except in accordance with the procedures established by law.” A few Indian examples may be mentioned in the context of the right to marriage. A person who suffers from venereal disease, even before to marriage, cannot be claimed to have any right to get married as long as the sickness is not completely cured.

AIR case: Lata Singh v. State of Uttar Pradesh SC 2522, 2006

“This is a free and democratic country, and once a person becomes a major, he or she can marry whomever he or she wishes,” the Supreme Court said, citing Art 21 of the Indian Constitution. If the boy’s or girl’s parents do not approve of the intercaste marriage, the most they may do is cut off social relations with their child, but they cannot threaten, commit, or instigate acts of violence, or harass the person who undergoes the intercaste marriage.” Both parents in this case were adults who were free to marry whoever they wanted. ‘Under the Hindu Marriage Act or any other law, an inter-caste marriage is not prohibited.’ In reality, intercaste marriages are in the national interest since they would abolish the caste structure.

Conclusion: 

Every young person has the legal right to marry and sign a marriage contract. However, unlike a commercial contract, the responsibilities of a marriage contract are not confined to the contractual parties. Marriage is the bedrock of both family and social relationships. A couple has a significant obligation to their family and society. In other words, the right to marriage is not absolute; it must be balanced against other obligations. Two of the most important goals of a marriage, for example, are to legalise sexual intercourse between two people of opposite sexes and to propagate offspring. Marriage, on the other hand, not only gives two adults the right to satisfy their biological needs and give birth to legitimate offspring, but it also imposes a duty not to hurt their life partner or children in any manner. If a person is unable to fulfil this obligation, he or she is unable to exercise his or her right to marry.

National laws regulating marriage, including laws prohibiting marriage between specific groups of persons, govern the right to marry (for example close relatives). Although the government has the power to limit the right to marry, it must not do so in a way that compromises the right’s very core.

The right to marry is protected by the United Nations Human Rights Charter, which falls under the heading of “right to family.” This right is not mentioned in the Indian Constitution. However, it is interpreted in accordance with Art 21. The right to marry is a universal one. It is open to everyone, although it is unclear whether it includes same-sex marriage. Marriage rights are recognized internationally, although there is no specific law in India that governs marriage rights. Marriage rights are referenced in several covenants; however, they do not include marriages between people of the same gender. The right to marry is protected by the Indian constitution, however it is not a basic right.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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