Nobody Can Interfere In Lives Of Consenting Adults Who Have Chosen To Marry, Article 21 Includes Right To Exercise Personal Choices: Delhi High Court

The Delhi High Court has observed that when two consenting adults willingly choose to marry each other, there is nothing left for anybody to interfere in their lives, underscoring that Article 21 of the Constitution of India includes the right to exercise personal 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,” Justice Saurabh Banerjee observed.

The court made the observations while granting police protection to a couple who got married on October 06, according to Muslim rites and ceremonies, against the wishes of their families.

“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. There is nothing left for anybody to interfere in the lives of the parties herein,” the court said.

The couple moved court seeking protection against the threats given by the family members of the woman. It was their case that the man’s family members were being threatened of dire consequences.

Allowing the plea, Justice Banerjee ordered that the couple shall be free to call or get in touch with either the SHO or the Beat Constable of the concerned police station, as and when the need so arises.

“The petitioners in the present case are both major and are well within their rights to marry each other. The respondent nos.4 and 5, though family members of the petitioner no.2, 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.

Furthermore, it added: “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 also said that the concerned SHO and Beat Constable shall take all possible steps to provide adequate assistance and protection to the couple, as and when needed, in accordance with law.

“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,” the court said.

Counsel for Petitioners: Mr. Anuj Soni, Advocate

Counsel for Respondents: Ms. Rupali Bandhopadhya, ASC for the State with Mr. Akshay Kumar and Mr. Abhijeet Kumar, Advocates

Title: MD NEMAT ALI AND ANOTHER v. THE STATE AND OTHERS

Citation: 2023 LiveLaw (Del) 1034

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