Court affirms marriage as a fundamental right under Article 21, directs police to ensure safety of couple facing threats from bride's father.
In a significant judgment reaffirming the fundamental right to marry, the Delhi High Court, presided over by Justice Saurabh Banerjee, has directed police protection for a couple facing life threats from the bride's father, who disapproved of their union. The court ruled that the right to marry a person of one's choice is an integral facet of Article 21 of the Constitution of India, which guarantees the right to life and personal liberty.
The case, "Laxmi Devi v. State (Nct Of Delhi)," involved a petition filed under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners, Laxmi Devi and her husband, sought a writ of mandamus directing the police to provide protection against threats from Laxmi's father, who was unhappy with their marriage. The couple had married in accordance with Hindu rites and registered their marriage formally.
The court emphasized that consenting adults have the right to marry without interference from society, state machinery, or relatives. Citing the judgments in "Shafin Jahan v. Asokan K.M." and "Lata Singh v. State of U.P.," Justice Banerjee reiterated that threats or violence against inter-caste or inter-religious marriages are illegal and punishable.
In its order, the court instructed that the petitioners are entitled to protection and can contact designated police officials for assistance. The judgment underscores the importance of upholding personal liberties and respecting individual choices in matters of marriage, dismissing any need for societal approval.
Bottom Line:
Right to marry a person of one's choice is an integral facet of Article 21 of the Constitution of India. Consenting adults entering into marriage cannot be interfered with by society, state machinery, or even their relatives. Protection of life and liberty of such individuals must be ensured.
Statutory provision(s): Article 21 of the Constitution of India, Article 226 of the Constitution of India, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Laxmi Devi v. State (Nct Of Delhi), (Delhi) : Law Finder Doc id # 2849950
