Is There A Right To Marriage? If So, Which Provisions Apply?
Marriage is one of the universal social institutions. It is established by human society to control and regulate the life of man. It is a cornerstone of society. It is in the family that children learn to become citizens; it is in the family that children learn about what is expected of them in society, how to act, and how to be. We need to promote and protect marriage to secure a healthier society. Marriage has legitimate recognition to get united. Society accepts the union of two souls because the primary object of marriage is to beget and bear offspring, and to them until they can take care of themselves.
The purpose of marriage is to spiritually, emotionally, and physically unite a man and a woman together, as husband and wife, in a covenantal relationship between themselves and their Creator. Spiritually in the sense to get spiritual benefit by performing religious duties.
Marriage, according to the Hindu Law,
Marriage is a body for the performance of religious duties. It is deemed as a holy union in Hindu Law. It is also considered to be a union of flesh and flesh and blood and blood. It is a religious sacrament and not a civil contract.
Marriage, according to the Muslim law:
Quran states “every person must marry”. Quran asserts that marriage is the only way to satisfy one’s desire. Marriage (nikah) is defined to be a contract that has for its object the procreation and the legalizing of children.
The right to marry is a component of the right to life under art 21 of the constitution of India which says, “No person shall be deprived of his life and personal liberty except according to procedure established by law”. in the context of the right to marry, a mention may be made of a few Indian cases.
Right to marriage is provided under the human rights charter that to under the heading of” Right to have family”. In Indian Constitution this right not expressly mention. But it is interpreted under Art 21. right to marry is a universal right .it is available to all persons but whether it includes same-sex marriage. Marriage right is recognized at international level but in India, there is no special law for marriage right. marriage right is mentioned under various covenants but it does not include a person of same-sex marriage. Indian constitution provides for the right to marry but it is not a fundamental right.