Delhi HC :Grants protection to the married couple belonging to different religions

The Delhi High Court protected a newlywed couple who practiced different religions, stating that “the decision to choose a life partner cannot in any way be affected by matters of faith and religion.” In an order issued last week, the Justice Saurabh Benrajee bench noted that Article 21 of the Indian Constitution grants protection of life and personal liberty to all persons, whereby it is every person’s inherent right to exercise personal choices, particularly in matters relating to marriage. As a result, this Court believes that the petitioners in this case have a solid claim to protection under Article 21 of the Indian Constitution.

“The petitioners in the present case are major and well within their rights to marry each other unaffected by religion, faith and beliefs. The parents of the petitioner cannot be permitted to threaten the life and liberty of the petitioners, who do not require any social approval for their personal decisions and choices,” said the court.

The court comments were made during the hearing of a petition in which the petitioners, who were majors, were married on July 31, 2023, in accordance with the Special Marriage Act of 1954. As the petitioners belong to different religions and were married against their parents’ wishes, they now routinely receive threats from the parents of the respondents.

Gurpreet Singh and Kamal, attorneys, appeared on behalf of the petitioners and demanded that they be given police protection from the parents. A manifestation of human liberty is the right to get married. In addition to being emphasized in the Universal Declaration of Human Rights, the right to marry the person of one’s choice is a crucial component of Article 21 of the Indian Constitution, which upholds the right to life.

Noting the submission, the Delhi High Court allowed the petition and directed that the contact number of the concerned Beat Constable and the concerned SHO shall be provided to the petitioners and they shall be free to call or get in touch with either of them, as and when the need so arises.