Right to Marry

The three most important events of human life are equally devoid of reason: birth, marriage and death. ~ Austin O’Malley

Definition of marriage:

The dictionary defines marriage as “The legal union of a man and woman as husband and wife.” The definition of marriage can be looked at from a legal perspective. A legal dictionary defines marriage as “the state of being united to a person of the opposite sex as husband or wife in a legal, consensual, and contractual relationship recognized and sanctioned by and dissolvable only by law.” Legally, marriage is a binding contract between the two parties that joins together their possessions, income, and lives.

Marriage Under Personal Law

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 an 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’sdesire. Marriage (niqah) is defined to be a contract which has for its object the procreation and the legalizing of children.

The European Convention on Human Rights:

The ECHR states that all men and women, who have reached the age at which they can legally marry, have the right to get married and to start a family.

The European Convention on Human Rights (ECHR) sets out a list of fundamental rights and freedoms which are believed to be common to all people. The ECHR lists these rights in numbered’ Articles’.

Article 8 of the ECHR concerns an individual’s right to respect for their private and family life.

Article 12: Right to marriage

Men and women of marriageable age shall have the right to marry and to found a family, according to national laws governing the exercise of this right.

Indian Perspective:

The right to marry is a component of right to life under Article 21 of Constitution of India which says, “No person shall be deprived of his life and personal liberty except according to procedure established by law”. 

Kerala has the highest literacy rate in India. Yet when a girl decided to convert to another religion and marry by her own choice, it became a matter of debate for the entire nation.

In the bizarre case of Hadiya, she converted to Islam and got married to a Muslim man. Hadiya was 25 years old when she got married . On 24th May 2017, the Kerala High Court annulled the marriage of Hadiya (previously known as Akhila) and Shafin Jahan.

Her father has filed a petition before Kerala High Court as he claimed that she was allegedly coerced into adopting Islam as her religion and might be trafficked to Syria.

The Kerala High Court, after admitting the petition filed by her father, granted Hadiya’s custody to her parents. Absurdly, while rendering this order, Kerala High Court observed that “we are not satisfied that it is safe to let Akhila free to decide what she wants in her life.”

Later on the High Court’s decision was challenged by Hadiya’s husband, who filed a special leave petition in the Supreme Court, that ordered an NIA probe in the matter. 

On November 27th 2017, the apex court took Hadiya’s testimony in open court and freed her from her father’s custody. The Supreme Court allowed Hadiya to continue her studies in a Salem college and to live with her husband. 

Choice of religion is a personal choice of a person. If the court does not allow a person to freely choose his religion, it amounts to a violation of his or her fundamental right as guaranteed under the Constitution of India.

At 18, a woman in India can vote, marry, have a child, take up a job and drive. Then why there is so much of fuss when a Hindu decided to convert to Islam. Why is the right to freedom of religion veiled under the garb of ‘love jihad’. Denying Hadiya her right mocks the notion of adulthood.

India has a diverse culture, and religion and caste are an integral part of our society. Society still frowns on inter-caste marriages. India still largely follows the ancient and rigid structure of the caste system.

Conclusion

Legally, every young person has right to marry and to enter into a marriage contract.arriage is the foundation of a family as well as social relations. A couple owes a great responsibility to the family and society.Right to marriage is provided under human right charter that to under the heading of” Right to have family”.

In Indian Constitution this right not expressly mention. But it is interpretated under Article21 .Right to marry is universal right .It is available to all persons. Marriage right is recognized at international level .Marriage right is mentioned under various covenant . Indian constitution provides for right to marry but it is not fundamental right.