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CDS 2024 · PYQ · Fundamental Rights / Right to Marry · medium

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?

  1. A.2 and 3 only
  2. B.1 and 3 only
  3. C.1, 2 and 3✓ Correct
  4. D.1 only

Explanation

All three statements are correct. The Special Marriage Act, 1954 enables marriage between persons of different religions and provides legal protection independent of personal religious laws. The Supreme Court in several judgments (notably Shafin Jahan v. Asokan K.M. — the Hadiya case, and Shakti Vahini v. Union of India) has held that the right to marry a person of one's choice is an intrinsic part of the right to life and liberty under Article 21. Article 16 of the Universal Declaration of Human Rights recognises the right of men and women of full age to marry and found a family, with free and full consent of intending spouses.
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