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Question

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?

This question was previously asked in
CDS 2 2024 Maths Question Paper (01-Sep-2024)
The correct answer is

1, 2 and 3

Analysis of Marriage Rights and Legal Protections

This solution analyzes the correctness of statements concerning marriage laws in India and international human rights standards, focusing on the Special Marriage Act, Article 21 of the Indian Constitution, and the Universal Declaration of Human Rights.

Special Marriage Act Protection for Interreligious Marriage

The first statement concerns the Special Marriage Act enacted in India. This act specifically provides a legal framework for the marriage of individuals irrespective of their religion. It allows people to marry under a civil contract, bypassing traditional religious ceremonies and conversions. Therefore, the Special Marriage Act indeed offers protection and legal validity to individuals entering into an interreligious marriage in India.

Conclusion: Statement 1 is correct.

Article 21 Guarantees Right to Marry

The second statement relates to the fundamental rights guaranteed under the Constitution of India. The right to marry a person of one's choice is widely recognized as a crucial aspect of personal liberty and the right to life. The Supreme Court of India has affirmed this through various judgments, interpreting it as an integral part of Fundamental Rights under Article 21 of the Constitution. This right supports individual autonomy and dignity in choosing a life partner.

Conclusion: Statement 2 is correct.

Universal Declaration of Human Rights and Marital Rights

The third statement refers to the Universal Declaration of Human Rights (UDHR). Article 16 of the UDHR explicitly addresses marriage and family rights. It states that men and women of full age, without limitation due to race, nationality, or religion, have the right to marry and found a family. It also emphasizes that marriage must be entered into only with the free and full consent of the intending spouses. This clearly resonates with the marital rights of every adult consenting individual.

Conclusion: Statement 3 is correct.

Evaluation of All Statements

After examining each statement based on Indian law and international human rights principles:

  • Statement 1 is correct regarding the protective role of the Special Marriage Act for interreligious marriages.
  • Statement 2 is correct as the right to marry is a fundamental right under Article 21.
  • Statement 3 is correct based on the provisions of the Universal Declaration of Human Rights concerning marital rights.

Since all three statements are accurate, the correct option includes all of them.

Therefore, statements 1, 2, and 3 are correct.

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