1- Introduction
The right to choose one's life partner is a fundamental human right that lies at the heart of individual freedom and autonomy. This fundamental right, often associated with the right to privacy, is crucial for fostering a society that respects diversity and values personal choices. In this article, we explore the significance of the right to choose a life partner as a fundamental right and its implications for individual liberty.{1}
2- Historical Context
Throughout history, societies have grappled with issues related to arranged marriages, caste, religion, and societal norms that restrict individuals in their choice of life partners. The recognition of the right to choose one's life partner has evolved as societies have progressed, acknowledging the importance of personal autonomy in matters of the heart.{2}
3- Legal Framework
Many countries recognize the right to choose a life partner as a fundamental human right, enshrined in their constitutions or international agreements. The right to privacy, as established in various legal systems, plays a crucial role in protecting individuals from unwarranted interference in their personal relationships.{3}
4- Gender Equality
The right to choose a life partner is intricately linked with the principles of gender equality. In many societies, traditional norms and discriminatory practices have limited the choices available to individuals, particularly women. Recognizing and upholding the right to choose a life partner is a crucial step towards dismantling gender-based barriers and ensuring equal opportunities for all.{4}
5- Cultural Diversity
Respecting the right to choose a life partner also promotes cultural diversity and understanding. Embracing relationships across cultural, religious, or ethnic boundaries enriches societies by fostering tolerance and breaking down stereotypes. It encourages the celebration of diversity rather than the imposition of homogenous societal norms.{5}
6- Challenges and Struggles:
Despite the recognition of the right to choose a life partner, many individuals around the world still face challenges in exercising this fundamental right. Social pressures, family expectations, and discriminatory practices persist in various forms, hindering the free expression of personal choices.
- major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.
- Right to choose life partner is a fundamental right
- In a recent landmark judgment, the Supreme Court in Shakti Vahini v. Union of India, (2018) 7 SCC 192, declared that the right to choose a life partner is a fundamental right. The court held that the freedom to marry a person of ones choice is protected under Article 21, 19(1)(a), and 14 of the Indian Constitution.
Once the fundamental right is inherent in a person, then no one can scuttle such right by leaning on any kind of philosophy, moral or social, or self-proclaimed elevation.
Right to Marry
Constitutional Provision
Article 21 of the Constitution guarantees the right to marry the person of one's choice.
Article 21 - Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.
Some of the legislations that govern marriages in India can be enlisted as:
Special Marriage Act, 1954
Indian Christian Marriage Act, 1872
Parsi Marriage and Divorce Act, 1936
Hindu Marriage Act, 1955
The Prohibition of Child Marriage Act, 2006
Cases
Shakti Vahini vs. Union of India (2018) 7 SCC 192
The right to select a life partner is an essential aspect of the right to life and personal liberty, which are guaranteed by the Indian Constitution. The court stated that this right is not only a matter of individual choice but also a reflection of social dignity and individual autonomy. The judgment also emphasized that the freedom of speech and expression are integral to the right to choose ones life partner. Therefore, every individual has the right to choose their partner regardless of caste, religion, or community.
Lata Singh v. State of U.P., (2006) 5 SCC 475
Again in the Shakti Vahini case, the Supreme Court has reiterated about the protection of such a couple as:
The District Magistrate/Superintendent of Police must deal with the complaint regarding threat administered to such couple/family with the utmost sensitivity. It should be first ascertained whether the bachelor-bachelorette are capable adults. Thereafter, if necessary, they may be provided logistical support for solemnising their marriage and/or for being duly registered under police protection, if they so desire. After the marriage, if the couple so desire, they can be provided accommodation on payment of nominal charges in the safe house initially for a period of one month to be extended on monthly basis but not exceeding one year in aggregate, depending on their threat assessment on a case-to-case basis. To protect his fundamental right to choose a life partner, your friend should consider filing a writ petition under Article 226 of the Constitution before the High Court to obtain a protection order. If his uncle continues to threaten him, he should file the petition. The court can issue a protection order if the petitioner is receiving apparent threats while exercising his legal right. Since the right to choose a life partner is a fundamental right, your friend can move a writ petition to ensure that his right is upheld and protected.{6}
7- Conclusion
The right to choose a life partner is an integral aspect of individual freedom, contributing to the development of diverse, inclusive, and tolerant societies. As societies progress, it is essential to continually uphold and protect this fundamental right, ensuring that individuals are free to form relationships based on their own preferences and values. By doing so, we contribute to the creation of a world where personal autonomy is respected, and the richness of human relationships is celebrated.
8- Citation
1: S.aatif,"Introduction" available at : Legal Service India https://www.legalserviceindia.com ... Right To Choose A Partner Is A Fundamental Right (last visited on December 9,2023)
2: Ashok km , "Historical context "SCC Online https://www.scconline.com post Right to choose life partner cannot be affected by faith, belief, and religion (last visited on December 9,2023)
3: komal,"Legal framework" NRI Legal Consultants https://nrilegalconsultants.in right-... RIGHT TO CHOOSE LIFE PARTNER IS A FUNDAMENTAL (last visited on December 10,2023)
4: Shivender pratap singh ,"Gender equality" available at : Reddy And Reddy https://www.reddyandreddy.org ... 'Right to Choose Life Partner is a Fundamental Right and cannot be (last visited on 10,2023)
5:Shreeti shubham,''Cultural Diversity" available at : The Shillong Times https://theshillongtimes.com right-... Right to choose life partner lies at the root of Article 21 of Constitution: CJI in (Last visited on December 11,2023)
6: Sanjeev sirohi , "Challenges and struggles" available at : Live Law https://www.livelaw.in right-choos... Right To Choose Life Partner Is A Fundamental (last visited on December 11,2023)
