Q. Consider the following statements::
1.The right to marry is recognized as a human right in the Universal Declaration of Human Rights.
2.The right to marry is expressly recognized as a fundamental right under the Indian Constitution.
Which of the statements given above is/are correct?
Explanation –
Statement 1 is correct. The right to marry is recognized as a human right in the Universal Declaration of Human Rights. Article 16 of the Universal Declaration of Human Rights states:
“Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.”
This declaration, adopted by the United Nations General Assembly in 1948, affirms the right to marry and found a family as a fundamental human right.
Statement 2 is incorrect. The Indian Constitution does not explicitly guarantee the right to marry. However, the Supreme Court of India has ruled that the right to marry is implicit in the right to life and personal liberty under Article 21 of the Constitution.
Further, the Supreme Court has also ruled that the state has a legitimate interest in regulating marriage. Right to marry is also a legal right in India.
Source: ForumIAS
