Right to Choose Life Partner: A Fundamental Right in India?
Yes, the right to choose a life partner is a fundamental right under the Indian Constitution. This right is derived from several fundamental rights, primarily Article 21 (Right to Life and Personal Liberty) and Article 19(1)(a) (Freedom of Speech and Expression), and is also linked to Article 14 (Right to Equality) and Article 15 (Prohibition of Discrimination).
1. Why is it a Fundamental Right?
· Article 21 – Right to Life and Personal Liberty: The Supreme Court has held that “life” means a life of dignity, which includes the right to choose whom to marry, live with, or have a relationship with.
· Article 19(1)(a) – Freedom of Expression: Choosing a life partner is seen as an expression of one’s identity and autonomy.
· Article 14 & 15 – Equality and Non-Discrimination: The state cannot interfere in personal choices like marriage based on caste, religion, or community.
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2. Key Case Laws
a) Lata Singh v. State of UP (2006)
· Facts: A woman married outside her caste, and her brother filed a criminal case against her husband.
· Judgment: The Supreme Court said that an adult has the right to marry a person of their choice, even outside caste or community. Harassment by family or others for inter-caste marriage is illegal.
· Key Point: This case established that choosing a life partner is part of personal liberty under Article 21.
b) Shakti Vahini v. Union of India (2018)
· Facts: The case dealt with honor killings and threats against inter-caste/religion couples.
· Judgment: The Supreme Court declared that the right to choose a life partner is a fundamental right. It directed police and state authorities to protect couples from harassment or violence.
· Point: The court emphasized that no third party (family, community, or khap panchayats) can interfere in the marriage choice of consenting adults.
c) K.S. Puttaswamy v. Union of India (2017) – Right to Privacy Case
· Facts: This case recognized privacy as a fundamental right under Article 21.
· Judgment: The court held that personal decisions, including marriage, are part of privacy. The state or society cannot invade this sphere.
· Key Point: Marriage choice is an intrinsic part of dignity, autonomy, and privacy.
d) Shafin Jahan v. Ashokan K.M. (2018) – Hadiya Case
· Facts: A woman converted to Islam and married a man of her choice, but her father alleged forced conversion.
· Judgment: The Supreme Court said the right to choose a life partner is essential to liberty. A woman’s choice cannot be overridden by parents or others.
· Key Point: Courts must respect autonomy in personal decisions like marriage.
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3. Exceptions and Limitations
· The right is not absolute but subject to reasonable restrictions. For example:
1. Age of consent (marriageable age under law).
2. Prohibited relationships (like incest).
3. Bigamy or polygamy restrictions.
4. Fraud or coercion can invalidate marriage.
· However, social disapproval, caste, or religion are not valid reasons to restrict this right.
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4. Current Legal Protections
· Special Marriage Act, 1954: Allows inter-religion/caste marriage without conversion.
· Protection from Harassment: Police protection for couples facing threats (as per Supreme Court guidelines).
· Honor Crime Laws: Several states have laws against honor killings.
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Conclusion
In India, the right to choose a life partner is a fundamental right under Article 21 (life and liberty), read with Article 19(1)(a) (expression) and Article 14 (equality). The Supreme Court has repeatedly upheld this against family, community, or state interference.
As long as the partners are consenting adults and the marriage is legal, no one can stop them from marrying. This right is a core part of personal freedom and dignity in a democratic society.
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