Court Directs Police to Ensure Safety of Major Girl Choosing Independence Over Forced Marriage
In a landmark judgment, the Orissa High Court has reiterated the importance of a major girl's autonomy in marital decisions, emphasizing that her consent is paramount. The court was addressing a case involving Ajay Kumar Sahoo, where a major girl was forcibly married against her will, leading to her departure from her matrimonial home. The court underlined that any imposition by parents in such matters is detrimental to societal health.
Presided over by Chief Justice Harish Tandon and Justice M.S. Raman, the court heard that the girl, who is financially independent and gainfully employed, did not wish to reside with either her husband or parents. The bench highlighted that the right to life and personal liberty, as enshrined in Article 21 of the Constitution of India, includes a major girl's autonomy to decide on her marriage. The court directed the police to ensure the girl's safe return to her chosen place of residence and to prevent any interference or obstruction from her parents or husband.
The court's decision also called for societal introspection and administrative action to curb the practice of forced marriages. It urged the administration to conduct sensitization programs to educate parents against imposing their decisions on their children. The court emphasized that respecting a girl's decision is crucial for a healthy society.
The police were instructed to guarantee the girl's safety and security and to take immediate action if any incidents are reported. With these directives, the writ petition was disposed of, underscoring the judiciary's commitment to protecting individual freedoms and rights.
Bottom Line:
Forced marriage - Major girl's consent is paramount in marriage decisions, and imposing such decisions by parents is detrimental to societal health. Police directed to ensure girl's safety and her decision respected.
Statutory provision(s): Article 21 of the Constitution of India
Ajay Kumar Sahoo v. State of Odisha, (Orissa)(DB) : Law Finder Doc Id # 2837241
