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| Delhi High Court |
In a landmark judgment, the Delhi High Court has affirmed that an individual's right to choose a life partner remains untouched by matters of faith and religion. Justice Saurabh Banerjee, presiding over the case, emphasized that the right to marry is an essential aspect of human liberty. In this article We delves into the court's reasoning, highlighting the importance of this verdict.
Freedom of Choice Prevails
In a significant legal decision, the Delhi High Court has upheld an individual's right to choose a life partner, irrespective of religious or faith-based considerations.
State and Society Cannot Intervene
Justice Saurabh Banerjee declared that neither the State, society, nor the parents of the involved parties have the authority to influence or limit an individual's choice of a life partner, especially when it involves consenting adults.
Constitutional Safeguards
The court underscored that the Constitution of India guarantees the right to freely practice, profess, and propagate any religion, including autonomy in matters of marriage.
The Delhi High Court's historic ruling came as it granted protection to a couple who claimed they were facing constant threats from the woman's family due to their different religious backgrounds. This couple, both of legal age, had solemnized their marriage under the Special Marriage Act, 1954, on July 31.
Freedom to Marry
"The right to marry is an incident of human liberty. The right to marry a person of one's choice is not only highlighted in the Universal Declaration of Human Rights but is also an integral facet of Article 21 of the Constitution of India, which guarantees the right to life," affirmed the court in its judgment.
Protection of Personal Choices
Justice Banerjee further remarked that the woman's parents cannot be allowed to jeopardize the life and liberty of the couple, who are entitled to make personal decisions without seeking social approval.
Constitutional Backing
"Article 21 of the Constitution of India provides Protection of Life and Personal Liberty to all individuals, making it their inherent right to exercise personal choices, especially in matters relating to marriage. Therefore, the petitioners in this case are well within their rights to seek protection under Article 21 of the Constitution of India," the court asserted.
Ensuring Safety
To ensure the safety of the couple, Justice Banerjee directed that the contact numbers of the relevant Beat Constable and SHO be provided to them. This allows the couple to reach out whenever necessary. Additionally, the SHO and Beat Constable were instructed to provide adequate assistance and protection, following the law.
In a resounding verdict, the Delhi High Court has reaffirmed the sanctity of an individual's choice in matters of love and marriage. This judgment serves as a beacon of hope for couples who wish to exercise their right to choose a life partner, regardless of societal or religious pressures.
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