Marriage - A Socio Legal Institution With Special Emphasis On Inter Caste Marriages

Bhavana Chaturvedi, Research Scholar at Faculty of Law, University of Lucknow

ABSTRACT:

The autonomy of every person in matters concerning oneself is a modern value. Marriage is an institution of lifetime based on mutual love, trust and affection between two individuals. One must have autonomy to enter into it and it should not be the outcome of any social norms or family diktat or any arbitrary law. Such autonomy to choose partner is a constitutionally protected value and no unreasonable fetters can be put on that liberty. Law and society are interrelated and must act in consonance to maintain harmony between individual rights and social interest. Right to choose partner is based on societal considerations such as caste, color, religion, economic status, religious beliefs etc. Inter caste marriages are not socially acceptable although there is no legal bar on them. State machinery must intervene to bridge the gap between constitutional morality and social morality. Right to marry is inseparable part of privacy and expression of choice, these are a bundle of rights which ensure a dignified life of an individual.

Keywords: Marriage, society, inter caste marriage