Is there a fundamental right to marry in India?
1. Is the right to marry expressly recognized under the Indian Constitution?
No. The right to marry isn’t expressly recognized as a fundamental or constitutional right under the Indian Constitution.
2. Which case first addressed the right to choose a partner in India?
In the case of Lata Singh v. State of UP (2006), the Supreme Court held that adults are entitled to marry whomever they wish, emphasizing no law bars an inter-caste marriage.
3. How does the right to privacy factor into the right to marry?
The landmark judgment in Justice KS Puttaswamy (retd) v. Union of India (2017) asserted that the right to privacy is protected under Article 21, which encompasses the freedom of choice in marriage.
4. Has the Supreme Court recognized the right to choose one’s partner?
Yes. Notable cases include Shakti Vahini v. Union of India (2018) and Shafin Jahan v. Asokan K.M. (2018) where the Court emphasized that choosing a life partner is an inherent aspect of individual dignity under Article 21.
5. How does the right to marry relate to same-sex relationships?
In Navjet Singh Johar v. Union of India (2018), the Court decriminalized homosexual relations, emphasizing the sexual autonomy of individuals. While this case touched on the freedom to choose a life partner, it didn’t specifically address same-sex marriages.
6. What did the Court say about the prohibition of homosexual relations in Section 377?
The Navjet Singh Johar case declared the section of IPC, which criminalized homosexual relations, as unconstitutional, emphasizing the importance of personal choice and individual dignity.
Conclusion:Through various Supreme Court judgments, the right to marry, and the freedom of choice therein, has been recognized and upheld as a fundamental right under Article 21. These judgments emphasize individual autonomy, dignity, and the right to privacy.
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