Right To Choose Life Partner Is A Fundamental Right, Consent Of Family, Community, Clan Not Necessary For Marriage Between Two Adults

Right To Choose Life Partner Is A Fundamental Right, Consent Of Family, Community, Clan Not Necessary For Marriage Between Two Adults

Shakti Vahini vs Union of India and others

Supreme Court

27/03/2018

WRIT PETITION (CIVIL) NO. 231 OF 2010

About/from the judgment:

Right To Choose Life Partner Is A Fundamental Right, Consent Of Family, Community, Clan Not Necessary For Marriage Between Two Adults!

 

Order against Khap Panchayats!

 

When two adults consensually choose each other as life partners, it is a manifestation of their choice which is recognized under Articles 19 and 21 of the Constitution...

 

When the ability to choose is crushed in the name of class honour and the person’s physical frame is treated with absolute indignity, a chilling effect dominates over the brains and bones of the society at large. The question that poignantly emanates for consideration is whether the elders of the family or clan can ever be allowed to proclaim a verdict guided by some notion of passion and eliminate the life of the young who have exercised their choice to get married against the wishes of their elders or contrary to the customary practice of the clan. The answer has to be an emphatic “No”. It is because the sea of liberty and the ingrained sense of dignity do not countenance such treatment inasmuch as the pattern of behaviour is based on some extra-constitutional perception. Class honour, howsoever perceived, cannot smother the choice of an individual which he or she is entitled to enjoy under our compassionate Constitution. And this right of enjoyment of liberty deserves to be continually and zealously guarded so that it can thrive with strength and flourish with resplendence. It is also necessary to state here that the old order has to give way to the new. Feudal perception has to melt into oblivion paving the smooth path for liberty.

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