Source: Delhi High Court

Why in News?

Recently, the Delhi High Court has observed that Article 21 of the Constitution of India, 1950 (COI) includes the right to exercise personal choices and so no one can interfere in the lives of consenting adults who have chosen to marry.

• The aforesaid observation was made in the matter of MD Nemat Ali & Another v. The State and Ors.

What was the Background of MD Nemat Ali & Another v. The State and Ors. Case?

• The present petition is filed before the Supreme Court (SC) under Article 226 of the COI read with Section 482 of the Criminal Procedure Code, 1973 (CrPC) by the petitioners seeking issuance of a writ in the nature of mandamus directing the respondent nos. 2 and 3 to provide protection to the petitioners against life and liberty threats given by respondent nos. 4 and 5.
• The petitioners are major and got married to each other on 06th October 2023 according to Muslim rites and ceremonies.
• The Nikahnama was duly registered by a Qazi in accordance with Muslim law.
• The petitioner submitted that the respondent nos. 4 and 5 were threatening the petitioner and his family members of dire consequences as the marriage was solemnized against the wishes of respondent nos .4 and 5
• Allowing the plea, the SC ordered that the couple shall be free to call or get in touch with either the SHO or the Beat Constable of the concerned police station.

What were the Court’s Observations?

• Justice Saurabh Banerjee observed that Article 21 of COI 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 matters relating to marriage.
• The Court observed that the right to marry is an incident of human liberty. The right to marry a person of one’s choice is not only underscored in the Universal Declaration of Human Rights but is also an integral facet of Article 21 of the COI.
• The Court further observed that when the parties herein are two consenting adults who have chosen to willingly agree to join hands by way of marriage, there can hardly be any be any impediment on the way, be it from the parents/ relatives or the Society at large or the State. There is nothing left for anybody to interfere in the lives of parties herein.

What is Article 21 of the COI?

• About:
  • Article 21 deals with the protection of life and personal liberty. It states that no person shall be deprived of his life or personal liberty except according to procedure established by law.
    • The right to life is not merely confined to animal existence or survival but also includes the right to live with human dignity and all those aspects of life which go to make a man’s life meaningful, complete and worth living.
  • This article is characterised as the procedural Magna Carta protective of life and liberty.
  • Justice Bhagwati in Francis Coralie Mullin v. The Administrator (1981), said that Article 21 embodies a constitutional value of supreme importance in a democratic society.
  • This right is available to both citizens and non-citizens.
• Right to Marry a Person of One’s Choice:
  • The SC has highlighted the right of every individual to marry a person of his or her choice in Shafin Jahan v. Asokan K.M. (2018). In this case the following observations were made:
    • The right to marry a person of one's choice is integral to Article 21 of the COI.
    • The Constitution guarantees the right to life. This right cannot be taken away except through a law which is substantively and procedurally fair, just and reasonable.
    • Intrinsic to the liberty which the COI guarantees as a fundamental right is the ability of each individual to take decisions on matters central to the pursuit of happiness.
    • The Constitution protects the ability of each individual to pursue a way of life or faith to which she or he seeks to adhere.
    • Society has no role to play in determining our choice of partners.