Consider the following statements:

1. In India, the Special Marriage Act protects an individual if one enters into an interreligious marriage.

2. Right to marry a person of one's choice is an integral aspect of one's Fundamental Rights under Article 21 of the Constitution of India.

3. The Universal Declaration of Human Rights also resonates marital rights of every adult consenting individuals.

Which of the statements given above is/are correct? 

The correct answer is 1, 2 and 3.

Key Points

• The Special Marriage Act, 1954 in India provides a legal framework for the marriage of individuals irrespective of their religion or faith. It allows for interreligious marriages without the need for converting to one another's religion.
  • This Act lays down the procedures and conditions for a valid marriage, including notice period, age of consent, and others, ensuring legal recognition of such marriages. Hence, statement 1 is correct.
• The Right to marry a person of one's choice is indeed recognized as an integral aspect of the Right to Life and Personal Liberty under Article 21 of the Constitution of India.
  • The Supreme Court of India has affirmed that choosing a life partner is a person's inviolable freedom under Article 21. This underscores the protection of individual autonomy in personal relationships. Hence, statement 2 is correct.
• The Universal Declaration of Human Rights (UDHR), adopted by the United Nations in 1948, articulates the fundamental rights and freedoms to which all human beings are entitled.
  • Article 16 of the UDHR specifically addresses the right to marry and to found a family, stating that men and women of full age have the right to marry and to found a family, without any limitation due to race, nationality, or religion. They are entitled to equal rights as to marriage, during marriage, and at its dissolution. Hence, statement 3 is correct.

Additional Information

• The Special Marriage Act is particularly significant for couples in interfaith or intercaste marriages, providing a secular form of marriage registration and certification.
  • It represents an important recognition of the multicultural and pluralistic society of India, ensuring that marriage, a fundamental social institution, is accessible and equitable for all citizens, regardless of their religious or social backgrounds.
• Article 21 of the Constitution of India is one of the most comprehensive rights, providing the basis for a wide range of rights related to life and personal liberty. This includes the right to privacy, the right to live with human dignity, and the right to environmental protection, among others.
• The Universal Declaration of Human Rights serves as a foundational document for international human rights law.
  • It has inspired numerous international treaties, national constitutions, and legal frameworks worldwide, emphasizing the inherent dignity and the equal and inalienable rights of all members of the human family.