Court emphasizes the constitutional right of adults to marry by choice, orders police protection to prevent harassment and threats.
In a significant ruling, the Allahabad High Court has affirmed the right of adults to marry freely, directing police and administrative authorities to ensure that no harassment or threats are made against an inter-caste couple, and to provide protection if their peaceful marital life is disturbed. The judgment, delivered by Justice Vivek Kumar Singh, addressed the petition filed by Kajal and others against the State of Uttar Pradesh, seeking protection from harassment due to their inter-caste marriage.
The court highlighted that once individuals reach the age of majority, they are free to marry whomever they choose, a right protected under Article 21 of the Indian Constitution. The court underscored the importance of safeguarding this right, particularly in the face of societal pressures and threats. In its directive, the court ordered the administration and police authorities to ensure the couple is not harassed and to provide immediate protection if their marital life is disrupted.
Additionally, the court instructed the petitioners to register their marriage under the U.P. Marriage Registration Rules, 2017, within two months. Failure to do so would result in the cessation of the protection granted by the court.
The judgment also referenced the Supreme Court's stance on honour killings, categorizing them as barbaric practices that merit the harshest punishment. The court reiterated the need for strict enforcement of laws to deter such acts, echoing directives issued in previous landmark cases like Bhagwan Dass v. State (NCT of Delhi) and Lata Singh v. State of UP.
The petitioners, represented by advocates Jay Prakash Pandey, Sudhanshu Tiwari, and Umesh Chandra Tiwari, argued that they are being threatened due to their inter-caste marriage. The court reassured them of their right to live together without interference, emphasizing that innocent individuals should not face harassment if they do not disrupt the couple's peaceful living.
The court's decision is a reaffirmation of the judicial commitment to uphold individual rights against societal norms that infringe upon personal freedoms. The ruling serves as a reminder of the judiciary's role in protecting constitutional rights and promoting social justice.
Bottom Line:
Inter-caste marriage - Direction to police and administration to ensure no harassment or threat to the couple and to provide protection if peaceful marital life is disturbed.
Statutory provision(s): Article 21 of the Constitution of India, U.P. Marriage Registration Rules, 2017.
Kajal v. State of U.P., (Allahabad) : Law Finder Doc id # 2875187
