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A conspiracy against inter-faith love

  • 24 November, 2020

  • 5 Min Read

A conspiracy against inter-faith love

Context

  • The article talks about interfaith marriages.

Judicial observations:

  • In the Hadiya case, the Supreme Court ruled:
    • “The right to marry a person of one’s choice is integral to Article 21 (right to life and liberty) of the Constitution”.
    • “The choice of a partner whether within or outside marriage lies within the exclusive domain of each individual. Intimacies of marriage lie within a core zone of privacy, which is inviolable”.
    • The Supreme Court held that a person’s right to choose a religion and marry is an intrinsic part of her meaningful existence.
    • Neither the State nor “patriarchal supremacy” can interfere in her decision.
  • Allahabad High Court has said the right to live with a person of one’s choice is intrinsic to the right to life and personal liberty irrespective of religion.
  • The Courts and the Constitutional Courts in particular are enjoined to uphold the life and liberty of an individual guaranteed under Article 21 of the Constitution of India.
  • Right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to right to life and personal liberty.
  • Interference in a personal relationship, would constitute a serious encroachment into the right to freedom of choice of the two individuals.

On caste-based marriages:

  • Supreme Court (SC) in Lata Singh v. State of U.P. (2006) ordered “stern action” against all those threatening or carrying out threats against couples.
  • The Supreme Court reiterated the fact that inter-caste marriages are not banned as per Hindu Marriage Act and are in the national interest. It is illegal to stop them in any way.
  • The SC in the khap panchayats case observed that no third party has the right to interfere between two consenting adults.
  • It said, “When two people get into wedlock, no one should interfere. Neither parents, society, khap or panchayat… no one at all,”.

Source: TH

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