Upholding Freedom of Choice: Delhi High Court Affirms the Right to Choose Life Partners Regardless of Faith or Religion
In a significant ruling, the Delhi High Court has emphasised that an individual’s right to choose their life partner should not be influenced by matters of faith or religion. The court declared that the right to marry is a fundamental aspect of personal freedom and autonomy.
Justice Saurabh Banerjee firmly asserted that neither the State, society nor the parents of the parties involved should have the authority to dictate or restrict an individual’s choice of a life partner, especially when it involves consenting adults.
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The court’s remarks came in response to a couple’s plea for protection against threats from the woman’s family due to their different religious backgrounds. The couple, both of legal age, had entered into marriage under the Special Marriage Act, of 1954, exercising their right to choose each other as life partners.
Highlighting the importance of this right, Justice Banerjee stated that the freedom to marry a person of one’s choice is not only endorsed in the Universal Declaration of Human Rights but is also an integral part of Article 21 of the Indian Constitution, which guarantees the right to life.
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Moreover, the judge made it clear that the woman’s parents had no right to threaten the couple, emphasising that personal decisions and choices do not require societal approval.
Justice Banerjee ordered that the couple be provided with contact information for the Beat Constable and the Station House Officer (SHO), who would be available to assist them when needed. The SHO and Beat Constable were also directed to take all necessary steps to ensure the couple’s protection within the bounds of the law.
This landmark ruling by the Delhi High Court upholds the principles of personal freedom and choice, reaffirming that the right to choose a life partner transcends matters of faith and religion, and should be safeguarded under Article 21 of the Indian Constitution. It serves as a powerful reminder that individual autonomy and personal liberty are fundamental rights that must be respected and protected by society and the state alike.
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