Do all the People have Right of Marriage?

  • Pratiksha Chouhan and Akanksha Pancholi
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  • Pratiksha Chouhan

    Student at Rajasthan School of Law for Women, Jaipur, India

  • Akanksha Pancholi

    Student at Rajasthan School of Law for Women, Jaipur, India

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In a democratic country like India all the peoples have right to equality. But in reality the circumstances is different from the bookish rights. The constitution of country provides the right of equality to all the citizens in all the matters, this right also includes the right to marry with anyone you want. But the society, our judicial system and the government of the country do not understand the literal meaning of the equality in all the forms. The right to equality also includes the right to marry anyone it is not essential that one should marry with the person of opposite sex, two persons belong to same sex can also marry with each other. But the concerning matter is that what is the social status of such type of marriages. Whether the society or the law exists in the country consider it as the legal marriage or not? And why society makes such a discrimination against the same sex marriages? In this article we will discuss all of these questions. We will also discuss that what are the social and professional problems face by the couple of same sex. Whenever the right of any person is being violated then in such case he can approach to judiciary, he have a hope that judiciary will listen his/her problem. But in case of same sex marriages the judiciary also gave very narrow judgment which is not sufficient for the protection of the rights of these couples. We all need to understand that changes in law are necessary with the change of time otherwise it leads the violation of fundamental rights of people like in case of same sex marriages.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 1011 - 1015


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