The question of whether there exists a fundamental right to marry in India is a complex one. While the Indian Constitution does not expressly recognize the right to marry as a fundamental or constitutional right, various judicial interpretations have shaped its understanding.
No, the right to marry isn’t explicitly mentioned as a fundamental right in the Constitution. However, the judiciary has played a crucial role in interpreting the law related to marriage and individual choice.
One of the pivotal cases in this discourse is Lata Singh v. State of UP (2006), where the Supreme Court ruled that adults have the right to marry whom they choose. This judgment highlighted that there are no laws prohibiting inter-caste marriages, reinforcing personal choice in marriage.
The significance of privacy in the context of marriage was further established in the landmark judgment of Justice KS Puttaswamy (retd) v. Union of India (2017). The ruling asserted that the right to privacy is protected under Article 21, which extends to the freedom of choice in marriage.
Yes, the Supreme Court has acknowledged the right to choose a partner in various judgments. Noteworthy cases include Shakti Vahini v. Union of India (2018) and Shafin Jahan v. Asokan K.M. (2018), which emphasized that selecting a life partner is a fundamental aspect of individual dignity, falling under the purview of Article 21.
In the case of Navjet Singh Johar v. Union of India (2018), the Supreme Court decriminalized homosexual relations, recognizing the sexual autonomy of individuals. While this case addressed the freedom to choose a life partner, it did not specifically legalize same-sex marriages.
The Navjet Singh Johar case also deemed the portion of the Indian Penal Code that criminalized homosexual relations as unconstitutional, underscoring the importance of personal choice and dignity.
Through a series of Supreme Court rulings, the right to marry and the accompanying freedom of choice have been recognized as fundamental rights under Article 21. These judgments underscore the significance of individual autonomy, dignity, and the inviolable right to privacy.
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