‘Value Gap Between Constitutional & Social Norms’: Allahabad HC Criticises Family's Resistance to Woman's Right to Marry

Emphasising the constitutional autonomy of adults, the Allahabad High Court recently observed that an adult woman has every right under Article 21 to marry a man of her choice. However, there is social and familial resistance to exercise of such right, which is a glaring depiction of the ‘value gap’ between the constitutional norms and those of society, it added. 

Court stressed that so long as there is this gap between the values fostered by the Constitution and those cherished by society, the attempt to forcefully stop an adult from marrying the person of choice would continue to happen.

However, reaffirming its role, the bench stated, “It is our duty to uphold the Constitution".

A bench comprising Justices J.J. Munir and Praveen Kumar Giri passed remaked thus in a plea filed by Amarnath Yadav and three others, who sought protection from arrest in a case lodged by a woman — in the case — under Sections 140(3), 62, and 352 of the Bharatiya Nyaya Sanhita (BNS) at Chilh police station, Mirzapur.

The woman, aged 27, alleged that her father and brother (the first two petitioners) were trying to kidnap or abduct her to stop her from marrying the man of her choice. While the court refrained from pronouncing on the truth of the allegations at this stage, it found it “despicable” that her family would object to her exercising a fundamental right guaranteed under Article 21 of the Constitution.

"We do not know if the first and the second petitioner or the other petitioners acting at their behest really intend to abduct the fourth respondent but it is despicable that the petitioners should object to the decision of an adult member of the family, a woman 27 years of age, from marrying a man of her choice," the court observed.

It described the incident as a symptom of the “value gap” between society’s conservative norms and the liberal spirit of the Constitution.

However, court found no reason to believe prima facie that the petitioners had so far committed an offence. 

Accordingly, granting interim protection from arrest, court simultaneously issued a strict order restraining the petitioners from interfering in the woman’s life.

They have also been barred from contacting her through any medium — including phone, internet, or through intermediaries — and are specifically prohibited from threatening her or the man she wishes to marry.

The police, too, were instructed not to interfere with the woman’s personal liberty and autonomy in any manner. Court directed that the order be communicated urgently to the Superintendent of Police, Mirzapur, through the Chief Judicial Magistrate.

The matter has been listed for further hearing and admission on July 18, 2025.

Case Title: Amarnath Yadav And 3 Others State of UP and 3 Others

Download judgment here