Article 21 of the Constitution includes the right to marry whomever one chooses - SC

Apex court observed that There's a chance that such inter-caste marriages will reduce tensions between castes and communities in the future, but for now, these young people face threats from their elders, and the courts have stepped in to help them.

Petitioner's father filed a missing person's report after learning that his daughter (Petitioner No. 1) had ran away from home without telling her parents and had married petitioner No. 2, who then told IO of her marriage. For the sake of closing the case, IO demanded to go to the police station and give a statement. Petitioner No. 1 wrote to the IO explaining that she was married to Petitioner No. 2 and that her parents had threatened her, thus she was unable to go to the police station to file a report. Petitioner No.2 was threatened by IO and told to return to Karnataka or else a kidnapping case will be filed against him.

Petitioners approached the Apex Court under Article 32 of the Constitution.

A transcript of the conversation between petitioner No.1 and the IO, in which the IO threatened her to return to Karnataka because otherwise they would come to her and register a case of kidnapping against petitioner No.2, produced in court.

Apex court expressed displeasure and stated that IO unquestionably attempted to compel petitioner No. 1 to appear at the police station and give a statement about the possibility that her parents would file a false complaint against petitioner No. 2 and that the police would then take action to arrest petitioner No. 2 as a result. These tactics are strongly deprecated by the IO, and the officer should be sent for counselling on how to handle such situations.

When it comes to choosing a life partner, educated young men and women are defying traditional social norms that rely heavily on caste and community to make the right decisions.

Hon’ble court clearly stated that Once two adults agree to marry, the consent of their families, communities, or clans is not required, and their consent must be given paramount importance. The right to marry a person of choice was held to be integral Article 21 of the Constitution of India.

Apex court while issuing the directions stated that ,With this in mind, authorities should not only counsel current IOs, but also devise training programs for police officers to handle such situations. Police authorities will act in this regard within the next eight weeks to establish some guidelines and training programs on how to handle cases of this socially sensitive nature cases. And quashed the FIR against petitioner No.2

February 8, 2021. 

LAXMIBAI CHANDARAGI B & ANR.    VERSUS THE STATE OF KARNATAKA & ORS.