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Admin 2021-01-01

(01 Jan 2021) Question-1

Q-1) Right to Marriage is a human right which is backed by the constitution of India but neither by the ordinary law in India nor by the sanction of the Society. Do you agree? Explain in the light of various personal laws.

Approach Answer:

Introduction: The Right to marriage is both a Human right as well as a Constitutional right. It is stated under Human Rights Charter within the meaning of the right to start a family. In Indian Constitution, it is available as Right to life and personal liberty under Article 21.

Backed by the constitution:

In Right to privacy case, 2017, the Supreme court of India has held that Right to privacy includes preservation of personal intimacies, the Sanctity of family life, marriage, procreation (reproduction), the home and sexual orientation. Thus, not only marriage, but also prohibited relationships such as same-sex marriages are a matter of individual right and privacy.

Ordinary Laws of India:

However same enthusiasm is not shown by the ordinary laws of India.

    • Prevents Inter-faith Marriage:
      • Provisions of Prohibitions in personal laws: For example Hindu Marriage act prohibits marriage amongst even distant cousins known as Sapinda.
      • Special Marriage Act, which was aimed at easing marriages between interfaith couples, has provisions which actually prevent it. The parties to an intended marriage should give notice to the ‘marriage officer’ of the district in which one of them had resided for at least 30 days.
        • The notice will have to be entered in a ‘Marriage Notice Book’ and is open for inspection for anyone. It's copy has to be sent to his counterpart in the district where the party has permanent residence
        • Further, it allows any person to highlight his Objection to Marriage on the ground that it contravenes one of the conditions for a valid marriage.
    • Prevents Intra-sex marriage: There is no law which allows homosexual marriage. Even Delhi High Court recently asked the Union government to respond to two separate petitions by same-sex couples seeking to declare that the Special Marriage Act (SMA) and the Foreign Marriage Act (FMA) ought to apply to all couples regardless of their gender identity and sexual orientation.
      • The main problem is that “Marriage is not defined, in special marriage act."

Not backed by the sanctions of the society: Society uses various instruments to enforce its norms on the individuals:

    • Honour killing and other sorts of violence takes place to prevent the voluntary relationships between couples.
    • Social boycott: Often when an Inter-caste, Inter-faith or an intra-sex couple dwells in an area, they are socially boycotted by the society. This further infuses fear in the mind of society.
    • Religious Sanctions: Often preventing such prohibited relationships  is  considered as a religious duty.
    • Patriarchal Mind-set: It plays an important role in India as people do not allow girls this right to choose their life-partner

Conclusion: Although there are various reasons to believe that right to marriage is still not ensured by the law, and due to the fear of the society. However, recently various Judicial precedents have paved the way for is right to be implemented. Case such as Right to Privacy case, LGBTQ Case(Naz foundation case) have broadened the right to life. Further, sections of society have called for Uniform Civil code(Article 44), which eventually can lead to a series of reforms in this regard.

Source: The Hindu OPED: Has the Special Marriage Act failed to protect inter-faith couples?

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  • Sobiyà - 2021-01-02 18:56:10
    Thank you
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  • Sobiyà - 2021-01-02 18:52:41
    Thank you
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  • Pravin mali - 2021-01-02 14:49:31
    Please give a question in hindi medium
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  • Ayush Singh - 2021-01-01 14:14:53
    Please evaluate
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  • Akash kalbi - 2021-01-01 14:08:32
    Dear sir, Please give a question in hindi medium
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  • Nikita Agarwal - 2021-01-01 12:50:23
    1st part of the answer
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  • Revati Aher - 2021-01-01 12:49:00
    Thank you
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  • Revati Aher - 2021-01-01 12:48:28
    Thank you
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  • Nikita Agarwal - 2021-01-01 12:43:52
    Provide ur suggestions
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    Provide ur suggestions
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  • Gaurav - 2021-01-01 12:37:27
    Please review
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  • Ritu Gupta - 2021-01-01 12:34:45
    Please check it. THANK YOU
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    • Anusha Kaman - 2021-01-01 16:19:11
      Hello Ritu, Please check the pdf for answer evaluation.
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  • Raisha nakum - 2021-01-01 12:30:46
    Thankw
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  • Amaan khan - 2021-01-01 12:29:19
    ....
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  • Krishan - 2021-01-01 12:27:17
    Thanks for this initiative!
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  • Shweta Shivalekar - 2021-01-01 12:24:35
    Kindly provide appropriate feedback,Thank you.
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  • Shweta Shivalekar - 2021-01-01 12:23:51
    Kindly provide with appropriate feedback,Thank you.
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  • Aanchal Nathani - 2021-01-01 12:23:49
    This is my 1st written answer kindly give feedback
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  • Shweta Shivalekar - 2021-01-01 12:22:54
    First Question
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  • Vikrant Auti - 2021-01-01 12:19:04
    Please provide feedback thank you
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  • Anuradha Singh - 2021-01-01 12:18:25
    1st page
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  • Anuradha Singh - 2021-01-01 12:16:32
    My answer.
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  • Vibha patel - 2021-01-01 12:15:57
    Please give me your feedback
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  • abc - 2021-01-01 12:05:55
    anusha check
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    • Anusha Kaman - 2021-01-01 14:29:05
      Hello ABC Introduction: You have started your answer with Article 21. This is a good start. Also, you can write about the SC decision on Right to privacy case, 2017 which includes marriage also. Body: • The main part of your answer lacks structure, clarity of thought. You have knowledge about the problems that affect marriage rights in India. But, you need Govt. acts/judgements/examples to support your answer.
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    • Anusha Kaman - 2021-01-01 12:06:26
      Hello ABC
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  • HARSHIL R PATEL - 2021-01-01 12:05:16
    Please give feedback, thanks you
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  • PURVASHA KHOT - 2021-01-01 12:05:16
    PLZ PROVIDE WORDS LIMITS
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  • Champa Chauhan - 2021-01-01 12:01:59
    please review it and provide suggestion. thank you
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  • Mossam singh - 2021-01-01 11:59:36
    Writting first time plzz guide sir
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  • KRUPA SOLANKI - 2021-01-01 11:57:57
    I tried so hard but i cant so guide me
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    • Anusha Kaman - 2021-01-01 15:31:03
      Hello Krupa, Please check the pdf for your answer evaluation.
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  • juanita xavier - 2021-01-01 11:33:12
    Please review and suggest changes. Thank you.
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  • Balinder kaur - 2021-01-01 11:30:55
    Answer of question first
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  • Achyut Mahida - 2021-01-01 11:28:17
    I tried my level best
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  • Amit Bodra - 2021-01-01 11:21:51
    Right to marriage
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  • Juhi Thakkar - 2021-01-01 11:15:29
    Thnq for this initiative!
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  • Mohan sharma - 2021-01-01 11:13:06
    Right to marriage
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  • Mohan sharma - 2021-01-01 11:11:55
    Right to marriage and views on varios personal laws
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  • Khushi patel - 2021-01-01 11:06:27
    Right to marriage
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  • Rishita Makwana - 2021-01-01 11:05:49
    .
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    • Anusha Kaman - 2021-01-01 15:21:20
      Hello Rishita, Please check the pdf file for your answer evaluation.
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  • Rishita Makwana - 2021-01-01 11:02:30
    .
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  • Avani vora - 2021-01-01 11:02:24
    First time attempt
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  • Abhishek - 2021-01-01 10:59:11
    Right to marriage
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  • Abhishek - 2021-01-01 10:57:45
    Right to marriage
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  • Manish kerketta - 2021-01-01 10:45:26
    This my 1st attempt of writing upsc level ans
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  • Pankaj mishra - 2021-01-01 10:45:17
    Right to marriage
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  • Pankaj mishra - 2021-01-01 10:44:33
    Right to marriage
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  • karishma - 2021-01-01 10:30:50
    first time writing mains answer, don,t had any guidance to how to write so can you please give the feedback about how to write the answer with correction of mine answersheet
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  • karishma - 2021-01-01 10:26:29
    right to marraige is ahuman right ......
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  • RIYASHA ROY - 2021-01-01 10:25:24
    Ans
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  • JOY CHATTERJEE - 2021-01-01 10:20:12
    Answer
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  • Nupur chaudhary - 2021-01-01 10:09:58
    .
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  • Nupur chaudhary - 2021-01-01 10:09:02
    Im not that much good in answer writing but i have tried my best.... kindly review my answer... thank you
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  • Taqvi contractor - 2021-01-01 10:04:42
    Page 3
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  • Taqvi contractor - 2021-01-01 10:04:20
    Page3
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  • Taqvi contractor - 2021-01-01 10:03:58
    Page2
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  • Taqvi contractor - 2021-01-01 10:03:31
    Page 1
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  • Taqvi contractor - 2021-01-01 10:00:07
    Taqvi contractor
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  • Mala sain - 2021-01-01 09:54:13
    ...
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  • Mala sain - 2021-01-01 09:53:16
    ..
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  • Soleman Sarkar - 2021-01-01 09:46:35
    Right To Marriage
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  • Soleman Sarkar - 2021-01-01 09:44:19
    Right To Marriage
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  • Roslin - 2021-01-01 09:40:10
    Good job
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  • Yesha Shah - 2021-01-01 09:37:08
    Right to marriage
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    • Anusha Kaman - 2021-01-01 14:17:36
      This answer has been evaluated by the expert team at Chahal Academy. Hello Yesha Shah, Introduction: You have started your answer with Article 21. This is a good start. Also, you can write about the SC decision on the Right to privacy case, 2017 which includes marriage also. Body: • The main part of your answer lacks structure, clarity of thought. You have knowledge about the problems that affect marriage rights in India. But, you need Govt. acts/judgments/examples to support your answer. • Your thoughts are scattered as can be seen in the structure of your answer. • Now, you have been asked to explain the existing situation of the rights to marriage in India. So here, you have to divide your answer ‘what the ordinary laws are’ and ‘how society interferes with the right to marriage. (Refer to question) o Under ordinary laws, you can talk about the Hindu Marriage Act, Special Marriage Act, Intra-sex marriage, FMA, etc. o Under society’s role, write about Honour killing/Social boycott/Religious Sanctions/Patriarchal mindset, etc. Conclusion: Your positive approach in the conclusion is really good. UCC is an important aspect of India’s matters related to civil rights. You can also talk about how the ‘Right to Privacy case’, ‘LGBTQ Case’ (Naz Foundation case) has broadened the right to life. Also, you can talk about the demand for a ‘Uniform Civil Code’ (UCC) which may lead to reforms. Overall, your answer needs restructuring. You have conceptual clarity but need more focus on context-relevance. It lacks presentation and a multi-disciplinary approach. You must pay attention to the structure and write in the above manner. Keep writing and all the best! (Please check the module answer uploaded at 9 p.m.)
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  • Parth - 2021-01-01 09:30:53
    This is my 1st attempt to write a upsc level answer i dont know the answer is correct or not.....
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  • Priya - 2021-01-01 09:20:08
    Please analysis and remarks it
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  • Jayesh shinde - 2021-01-01 09:19:19
    .
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  • Jayesh shinde - 2021-01-01 09:18:43
    Thank you
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  • S.Shrinithi - 2021-01-01 09:00:35
    Please review
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  • Rashmitha - 2021-01-01 08:53:32
    Please review
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    • Anusha Kaman - 2021-01-01 13:24:31
      This answer has been evaluated by the expert team at Chahal Academy. Hello Rashmitha, Introduction: Your introduction is good as you have mentioned Article 21. Also, you can write about the SC decision on the Right to privacy case, 2017 which includes marriage also. You have well-explained the right to marriage concept and article 21. But, it is not necessary. It will only lead to exceeding the word limit. Body: • Instead of explaining the bills, naming them will be enough. There is not much time and space for deeper explanations. Use only a line or two to describe something if it is not evidently clear. • Avoid writing about specific instances that are sensitive (killings due to a specific religion etc.). Write about things from a larger perspective. • You have to write about what the ordinary laws are’ and ‘how society interferes with the right to marriage. (Refer to question) • Under ordinary laws, you can talk about the Hindu Marriage Act, Special Marriage Act, Intra-sex marriage, FMA, etc. • Under society’s role, write about Honour killing/Social boycott/Religious Sanctions/Patriarchal mindset, etc. Conclusion: Your conclusion is limited to ‘religious conversion’. Since the question is a general take on marriages in India, try to end with a generalized approach. You can add the example of the ‘Right to Privacy case’, ‘LGBTQ Case’ (Naz Foundation case) that has broadened the right to life. Also, you can talk about the demand for a ‘Uniform Civil Code’ (UCC) which may lead to reforms. Overall, your answer is context-relevant and your language competency is good. You have well-presented the aspects around marriages in India but you need to culminate your points in a crisp form. You must work on reducing the length as your answer exceeds the word limit. Keep writing and all the best! (Please check the module answer uploaded at 9 p.m.)
      reply
  • Abhinav Srivastava - 2021-01-01 08:37:10
    Please review
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  • Abhinav Srivastava - 2021-01-01 08:35:57
    Please review
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    • Anusha Kaman - 2021-01-01 13:03:03
      This answer has been evaluated by the expert team at Chahal Academy. Hello Abhinav Srivastava, Introduction: Your introduction is good as you have mentioned Article 21. Also, you can write about the SC decision on the Right to privacy case, 2017 which includes marriage also. Body: The main part of your answer discusses various laws that do not support inter-faith marriage. This shows your knowledge about such acts and their purpose in society. However, you can mention the situation of intra-sex marriages in India. You can add the following under this: There is no law that allows homosexual marriage. Even Delhi High Court recently asked the Union government to respond to two separate petitions by same-sex couples seeking to declare that the Special Marriage Act (SMA) and the Foreign Marriage Act (FMA) ought to apply to all couples regardless of their gender identity and sexual orientation. Conclusion: You have concluded your answer with a positive approach which is excellent. To further enhance your answer, you can also add the ‘Right to Privacy case’, ‘LGBTQ Case’ (Naz Foundation case) that has broadened the right to life. Also, you can talk about the demand for a ‘Uniform Civil Code’ (UCC) which may lead to reforms. Overall, your answer is well-written. It shows clarity of thought and concept and is well-presented with objectivity and language competency. You just have to pay attention to a multidimensional approach. Keep writing and all the best! (Please check the module answer uploaded at 9 p.m.)
      reply
  • Niyal Sheth - 2021-01-01 07:55:35
    kindly comment your valuable feedback!!!
    reply
  • Abhishek - 2021-01-01 07:29:42
    Right to marriage
    reply
    • Anusha Kaman - 2021-01-01 12:51:20
      This answer has been evaluated by the expert team at Chahal Academy. Hello Abhishek, Your entire answer is based on Article 21. You have added certain acts which is the demand of the question. Your answer should flow in the following manner: Introduction: Your introduction talks about Article 21 which is excellent. Also, you can write about the SC decision on the Right to privacy case, 2017 which includes marriage also. ((SC judgments provide further credibility to an answer). Body: The main part of your answer lacks structure, clarity of thought, and is not context-relevant. You have been asked to explain the existing situation of the rights to marriage in India. So here, you have to divide your answer ‘what the ordinary laws are’ and ‘how society interferes with the right to marriage. (Refer to question) • Under ordinary laws, you can talk about the Hindu Marriage Act, Special Marriage Act, Intra-sex marriage, FMA, etc. • Under society’s role, write about Honour killing/Social boycott/Religious Sanctions/Patriarchal mindset, etc. Conclusion: You must always conclude your answer with a positive approach. You can talk about how the ‘Right to Privacy case’, ‘LGBTQ Case’ (Naz Foundation case) that has broadened the right to life. Also, you can talk about the demand for a ‘Uniform Civil Code’ (UCC) which may lead to reforms. Overall, your answer talks about Article 21 which is content relevant. Apart from that, it lacks structure, objectivity, presentation. Most, importantly, you have not answered the demand of the question. Article 21 is just a part of the entire answer. You must re-read the question multiple times. Keep writing and all the best! (Please check the module answer uploaded at 9 p.m.)
      reply
  • Ramesh manala - 2021-01-01 07:23:36
    Answers give me,,,sir
    reply
  • Dixit - 2021-01-01 07:08:36
    A-1
    reply
  • Khanjana Chauhan - 2021-01-01 07:08:29
    My answer is attached herewith Thank you
    reply
    • Anusha Kaman - 2021-01-01 12:26:39
      This answer has been evaluated by the expert team at Chahal Academy. Hello Khanjana Chauhan, Introduction: Your introduction is quite good. You can also mention about Right to life and personal liberty under Article 21. Also, you can write about the SC decision on the Right to privacy case, 2017 which includes marriage also. (SC judgments provide further credibility to an answer). Body: Here, you have talked about ordinary laws support the right of marriage of every individual. Whereas, you have been asked to explain how ordinary laws do not support it. You have misinterpreted the question. You have been asked to explain the existing situation of the rights to marriage in India. So here, you have to divide your answer ‘what the ordinary laws are’ and ‘how society interferes with the right to marriage. (Refer to question) • Under ordinary laws, you can talk about the Hindu Marriage Act, Special Marriage Act, Intra-sex marriage, FMA, etc. which prevents inter-sex and inter-faith marriage. • Under society’s role, write about Honour killing/Social boycott/Religious Sanctions/Patriarchal mindset, etc. You have included some of the above pointers and that shows you have concept clarity. But, you must read the question carefully to avoid the above mistake. Conclusion: You have concluded your answer with a positive approach which is excellent. To further enhance your answer, you can also add the ‘Right to Privacy case’, ‘LGBTQ Case’ (Naz Foundation case) that has broadened the right to life. Also, you can talk about the demand for a ‘Uniform Civil Code’ (UCC) which may lead to reforms. Overall, your answer is context-relevant and language competency is good. You must work on your presentation and answer structuring. Keep writing and all the best! (Please check the module answer uploaded at 9 p.m.)
      reply
  • Niti - 2021-01-01 06:41:30
    Review
    reply
    • manpreet - 2021-01-01 12:08:02
      Answer evaluation by Chahal Academy team
      reply
      • manpreet - 2021-01-01 12:39:36
        This answer has been evaluated by the expert team at Chahal Academy. Hi, Niti, as I read your answer, your starting is better with the constitutional provision (article 21). This shows that you have the appropriate subject knowledge. But there are some points whom you should understand while wright again: 1. First of all, you have to understand the demand of the question. 2. According to question, the answer should be divided into four parts: context with small info about human right, in the body part you have to right about constitutional provision and provisions in ordinary laws and then sanction of the society. 3. You have to give equal weightage to these topics as demanded by the question. 4. In ordinary laws section, you should mention the Hindu marriage act also. 5. In every answer writing you have to understand that when criticism of any topic occurs, you have to give a generalised answer. 6. According to this rule in the conclusion, you have to give examples of initiatives to promote the right to the marriage like the right to privacy case, LGBTQ case etc. Overall your answer is better. You have content to use. But the major thing whom you have to understand is to diversify your answer. (please check the module answer uploaded at 9 p.m.)
        reply
    • Pulakit Bharti - 2021-01-01 06:56:47
      You need to write with confidence, as everyone know almost as much as you do. Confidence would automatically improve your answer formatting as well as hand-writing.
      reply
  • Nayanika - 2021-01-01 06:21:32
    It is a nice initiative
    reply
  • SaMiYa - 2021-01-01 06:15:56
    Yes...
    reply
  • Adiba aftab - 2021-01-01 06:09:22
    It is right to marry
    reply
  • Adiba aftab - 2021-01-01 06:08:36
    Yes
    reply
  • Milton priyadarshi - 2021-01-01 05:36:48
    Answer.
    reply
    • Anusha Kaman - 2021-01-01 12:27:42
      This answer has been evaluated by the expert team at Chahal Academy. Hello Milton Priyadarshi, Introduction: Your introduction is good. But, whenever you are asked to write about any law/right, always mention the article relating to it in the Indian Constitution. Here, write about the Right to life and personal liberty under Article 21. Also, you can write about the SC decision on the Right to privacy case, 2017 which includes marriage also. Body: The main part of your answer lacks structure, clarity of thought, and is not context-relevant. You have misinterpreted the question. You have been asked to explain the existing situation of the rights to marriage in India. So here, you have to divide your answer ‘what the ordinary laws are’ and ‘how society interferes with the right to marriage. (Refer to question) • Under ordinary laws, you can talk about the Hindu Marriage Act, Special Marriage Act, Intra-sex marriage, FMA, etc. • Under society’s role, write about Honour killing/Social boycott/Religious Sanctions/Patriarchal mindset, etc. Conclusion: You must always conclude your answer with a positive approach. You can talk about how the ‘Right to Privacy case’, ‘LGBTQ Case’ (Naz Foundation case) that has broadened the right to life. Also, you can talk about the demand for a ‘Uniform Civil Code’ (UCC) which may lead to reforms. Overall, your answer needs revision. It lacks objectivity and presentation. You must pay attention to the structure, read the question again and again to understand the demand of the question. Keep writing and all the best! (Please check the module answer uploaded at 9 p.m.)
      reply