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Court also said that the couple does not require any social approval for their personal decisions and choices
The Delhi High Court has recently observed that the right to marry is an incident of human liberty.
The bench of Justice Saurabh Banerjee said that the right to marry a person of one’s choice is not only underscored in the Universal Declaration of Human Rights (UDHR), but is also an integral facet of Article 21 of the Constitution of India, which guarantees the right to life.
Court observed so while dealing with a plea moved by a couple seeking protection from threats by family members of the woman.
The judge said that in the present case, when the parties were two consenting adults who had chosen to willingly agree to join hands by way of marriage, there could hardly be any impediment on the way, be it from the parents or relatives or the society at large or the State. “There is nothing left for anybody to interfere in the lives of the petitioners”, he added.
Noting that the petitioners were both major and well within their rights to marry each other, the court said that the family members of the woman could not be allowed to threaten the life and liberty of the couple.
Court asserted that the couple did not require any social approval for their personal decisions and choices.
“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”, Court said.
While allowing the petition, it said, “The petitioners shall be free to call or get in touch with either the SHO or the Beat Constable PS: Jahangirpuri, Delhi, as and when the need so arises”.
Case Title: Md Nemat Ali and Another v. The State and Others
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