Source: Indian Express

Why in News?

The Delhi High Court (HC) has held that an individual's decision of choosing a life partner cannot be affected by matters of faith and religion and that the right to marry is an “incident of human liberty.”

Background

• A petition was filed by an interfaith couple after marrying against the wishes of their families.
• The couple stated that they both have attained the age of majority and have got married under the Special Marriage Act, 1954 in July 2023.
• The couple sought directions to be given to the authorities for providing them protection as they were facing threats, majorly from the family of the girl.
• The court took note of the petition and directed that the contact number of police officials concerned be provided to petitioners who shall be free to get in touch with them whenever the need arises.

Court’s Observations

• Justice Saurabh Banerjee of Delhi HC has observed that individuals have the inherent right to choose their life partners, and neither the State, society, nor the parents of the individuals should have the authority to interfere with or restrict this right when it concerns "two consenting adults."
• The HC while allowing the plea, stated 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 Constitution of India which guarantees the right to life.”
• The HC further directed that the SHO concerned and beat constable should also take all possible steps to provide adequate assistance and protection, as needed, to the petitioners in accordance with the law.

Right to Marry

Constitutional Provision

• Article 21 of the Constitution guarantees the right to marry the person of one's choice.
  • Article 21 - Protection of life and personal liberty — No person shall be deprived of his life or personal liberty except according to procedure established by law.
• Some of the legislations that govern marriages in India can be enlisted as:
  • Special Marriage Act, 1954
  • Indian Christian Marriage Act, 1872
  • Parsi Marriage and Divorce Act, 1936
  • Hindu Marriage Act, 1955
  • The Prohibition of Child Marriage Act, 2006

Case Laws

• Lata Singh v. State of Uttar Pradesh (2006): The case pertains to right to marry and inter-caste marriage in which the SC held that as the petitioner was a major, she had the right to marry whoever she wanted and that there was no statute prohibiting an inter-caste marriage.
• Shafin Jahan v. Asokan K.M. and Ors (2018)
  • It is popularly known as the Hadiya case or the Love-Jihad Case.
  • In the present case a girl named Akhila a Hindu, converted to Islam (now called Hadiya) in order to marry a Muslim guy. She was 25 years old at that time.
  • Her father initiated a habeas corpus writ petition in the Kerala High Court, invoking Article 226 of the Constitution.
  • It was contended by him that she had been subjected to influence or manipulation by religious extremists.
  • The marriage was annulled by the Kerela High Court.
  • A Special Leave Petition was filed by Hadiya’s husband in the SC.
  • The SC while stating that “exercise of the jurisdiction to declare the marriage null and void, while entertaining a petition for habeas corpus, is plainly in excess of judicial power” held her marriage to be valid.
  • The SC further stated that “the right to marry a person of one's choice is integral to Article 21 of the Constitution and society has no role to play in determining our choice of partners”.