Adults Have The Right To Choose Their Life Partners Irrespective Of Their Religion, Faith Or Belief: Delhi High Court
New Delhi: In a recent landmark judgment, the Delhi High Court has reaffirmed the fundamental right of every individual to choose their life partner, regardless of faith, religion, or societal norms. The decision came in response to a petition filed by a couple seeking police protection from their parents due to their inter-religious marriage.
The facts of the case are that both the petitioners were of legal age and belonged to different religions. Their family is giving them threats as they got married against their wishes.
On hearing the case at length, the Court presided over by Justice Saurabh Banerjee emphasized that the right to choose whom to marry is a crucial aspect of one”s liberty and is enshrined in both International law as well as the Indian Constitution. It clarified that no State, society, or even parents can interfere to freely exercise this right. It remains unaffected by matters of religion or faith or belief of any person.
“When the Constitution of India guarantees to each individual the right to freely practice, profess and propagate any religion, it also guarantees every individual the autonomy for these aspects in matters of marriage,” the court said.
As a result, the Court held that the individuals were well within their rights to marry each other and thus entitled to protection under Article 21 of the Indian Constitution.
“Article 21 of the Constitution of India gives Protection of Life and Personal Liberty to all persons whereby it is the inherent right of every individual to exercise personal choices, especially in matter relating to marriage. Thus, in the opinion of this Court, the petitioners herein are well and truly entitled for protection under Article 21 of the Constitution of India,” the court said.
It permitted the petition and directed the police to take all possible steps to provide adequate assistance in accordance with the law and be available as and when the need arises.
