Every Individual Has Right Under Article 21 To Exercise Personal Choices In Matters Related To Marriage: Delhi High Court

The Delhi High Court held that the right to marry is an incident of human liberty and is inherent under Article 21 of the Constitution including the right of an individual to exercise personal choices.

The Court allowed the Petition seeking police protection against the Uncle and Father of the Petitioner threatening the couple. The Court observed that the Petitioners are both majors and well within their rights to marry each other. Therefore, neither their family nor any other individual cannot be allowed to threaten their life and liberty.

The Bench of Justice Saurabh Banerjee observed, “Article 21 of The Constitution of India 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. Thus, in the opinion of this Court, the petitioners herein are well and truly entitled for protection under Article 21 of The Constitution of India”.

Advocate Anuj Soni appeared for the Petitioner and Additional Standing Counsel Rupali Bandhopadhya appeared for the Respondents.

A Petition was filed under Article 226 of the Constitution read with Section 482 CrPC seeking directions against the Second and Third Respondents to protect the Petitioner from the Father (Fourth Respondent) and Uncle (Fifth Respondent) of the Petitioner.

The Court noted that the right to choose is a fundamental human right enshrined in the Universal Declaration of Human Rights and is an integral facet of the right to life under Article 21 of the Constitution.

“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 Court noted.

Furthermore, the Court observed that there cannot be any impediment from Society or the Parents when two consenting adults are willing to marry each other. The Court held that the Petitioners were entitled to protection under Article 21 of the Constitution.

The Court noted, “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 impediment on the way, be it from the parents/ relatives or the Society at large or the State”.

Accordingly, the Court allowed the Petition.

Cause Title: Md Nemat Ali And Another v The State And Others

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