NEW DELHI: The Delhi High Court has said that the right to marry is an incident of human liberty and when two adults with consent choose to marry, there can hardly be any impediment on the way, be it from the parents or relatives or the society at large or the State.
“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,” Justice Saurabh Banerjee said in a recent order.
The court’s observation came while dealing with the plea by a couple seeking police protection in the face of threats from family members for getting married against their wishes. The petitioners told the court that they got married earlier this month according to Muslim rites and ceremonies and the family of the girl has been threatening them with dire consequences since then.
The judge said the Supreme Court has recognised the right of every individual to marry a person of his or her choice and Article 21 of the Constitution of India gives protection of life and personal liberty to all people, which includes the inherent right of every individual to exercise personal choices, especially in matters related to marriage.
“The respondent nos.4 and 5, though family members of the petitioner no.2 (the girl), cannot be allowed to threaten the life and liberty of the petitioners, who do not require any social approval for their personal decisions and choices,” the court said.
“Thus, in the opinion of this court, the petitioners herein are well and truly entitled to protection under Article 21 of the Constitution of India ...Needless to say the SHO and the beat constable concerned shall also take all possible steps to provide adequate assistance and protection, as and when needed,” it said.