2018 Supreme(J&K) 393
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SANJAY KUMAR GUPTA, J.
Nasreen Akhter and anr. - Appellants
Versus
State & others - Respondents
OWP No. 1293 of 2018 & MP No.1 of 2018
Decided on : 11-07-2018
Advocate Appeared:
For the Appellant :Mr. Ajaz Chowdhary, Advocate.
For the Respondent: Mr. Amit Chopra, GA.
The right to marry a person of one's choice is integral to Article 21 of the Constitution, and the Constitution protects the ability of each individual to pursue a way of life or faith to which they seek to adhere.
Headnote:
Marriage - Protection of Life and Liberty - AIR 2006 SC 2522, AIR 2018 SC 1933
Fact of the Case:
The petitioners, claiming to be of legal age, sought security from official respondents due to threats to their life and liberty from certain individuals. They had performed a marriage ceremony as per Muslim rites and customs.
Finding of the Court:
The court, citing relevant judgments, emphasized the right to marry a person of one's choice as integral to Article 21 of the Constitution and directed official respondents to ensure the protection of the petitioners' life and liberty in accordance with the referenced judgments.
Issues: The main issue was the threat to the petitioners' life and liberty due to their marriage and the legal protection available to them.
Ratio Decidendi: The court's decision was influenced by the interpretation of fundamental rights, particularly the right to marry a person of one's choice as integral to Article 21 of the Constitution, and the protection of individual autonomy and decision-making in matters central to the pursuit of happiness.
Final Decision: The court directed official respondents to ensure the protection of the petitioners' life and liberty in accordance with the referenced judgments.
1. Petitioners, in person, present in the Court and have been identified by their counsel.
2. The petitioners claim to be major, as such claim to have contracted marriage according to their own will and choice.
3. Through the instant writ petition, the petitioners seek issuance of directions to the official respondents to provide adequate security to them, on account of their allegedly facing threat to their life and liberty at the hands of respondent No.6 to 12.
4. The date of birth of petitioner No.1-Nasreen Akhter is recorded in the Aadhar Card issued by the Government of India, as 04.05.1989. In other words, petitioner No.1 is more than 29 years of age; while as per copy of Aadhar Card issued by the Government of India, date of birth of petitioner No.2-Aejaz is recorded therein as 15.08.1991. In other words, petitioner No.2 is more than 26 years of age.
5. Learned counsel contends that the petitioners fulfil the age requirement as also other requirements under law to entitle them to get married. Learned counsel further contends that the petitioners in view of their mutual liking for each other, performed marriage/Nikah Nama as per Muslim rites and customs on 05.06.2018.
6. Learned counsel contends that the petitioners apprehend threat to their life and liberty at the hands of respondent Nos.6 to 12, therefore, in the circumstances, they have invoked the jurisdiction of this Court for issuance of directions to the official respondents to provide them security in accordance with law. Learned counsel states that the petitioners would be satisfied if the writ petition is disposed of by issuing directions to respondent Nos.1 to 5 to provide protection to the petitioners.
7. Notice. Mr. Amit Chopra, GA, waives notice on behalf of official respondents and raises no objection to the Court in disposing of the case in the afore said terms.
8. In similar circumstances, the Apex Court in Lata Singh vs. State of UP and anr., AIR 2006 SC 2522, has observed as under:-
“This case reveals a shocking state of affairs. There is no dispute that the petitioner is a major and was at all relevant times a major. Hence she is free to marry anyone she likes or live with anyone she likes. There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law. Hence, we cannot see what offence was committed by the petitioner, her husband or her husband's relatives..................”
The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter- religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by ins