Right to choose life partner is fundamental right under Article 21
Source:Indian Express ↗
Why It Matters
The ruling is crucial for UPSC aspirants as it illustrates the practical application of Article 21 (Right to Life and Personal Liberty) in safeguarding individual autonomy against regressive social practices like honour-based violence, reinforcing the supremacy of constitutional morality.
Summary
The Jammu & Kashmir and Ladakh High Court has ruled that the right to choose a life partner is a fundamental right, inherently tied to personal liberty and human dignity under Article 21 of the Constitution. In granting protection to a married couple facing threats from their relatives, the court emphasized that constitutional rights and individual autonomy supersede societal norms, patriarchal control, and familial objections. This judicial intervention aligns with key Supreme Court precedents safeguarding the right to privacy and the freedom to marry a person of one's choice.
Key Points
- The J&K and Ladakh High Court affirmed that the right to choose a life partner is a fundamental constitutional right.
- The court directed protection for a married couple facing threats from their family members, prioritizing constitutional morality over societal or familial objections.
- The ruling highlighted that personal liberty, human dignity, and the freedom of choice in marriage are intrinsically protected under Article 21 of the Indian Constitution.
- The judgment addresses the pervasive social challenges of patriarchal control and honour-based violence directed at inter-caste or inter-faith couples.
Important Terms
Article 21 of the Constitution of India
Fundamental right guaranteeing that no person shall be deprived of life or personal liberty except by procedure established by law; often called the 'heart' of fundamental rights.
UPSC context
GS-II: Fundamental Rights. Essential for understanding individual-state relations and judicial interpretations of personal freedom.
Right to Choose a Life Partner
A derivative right under Article 21 affirming that selecting a partner is a matter of personal autonomy and choice, protected from state and familial interference.
UPSC context
GS-II: Social Justice/Judiciary. Tests the application of constitutional protections to individual agency and social norms.
Shafin Jahan v. K.M. Asokan
Landmark 2018 Supreme Court case (Hadiya Case) which ruled that the right to marry a person of one's choice is an integral part of Article 21.
UPSC context
GS-II: Landmark Judgments. Tests knowledge of legal precedents defining the scope of marital choice and personal liberty.
Personal Liberty
A broad constitutional concept under Article 21 encompassing the freedom of an individual to behave without arbitrary physical or legal restraint by the state.
UPSC context
GS-II: Indian Polity. Fundamental to the study of Part III of the Constitution and judicial activism.
Human Dignity
A constitutional value under Article 21 asserting that the right to life includes living with self-respect and agency, rather than just physical survival.
UPSC context
GS-II/IV: Ethics/Rights. Relevant for discussing human rights and the ethical obligations of the state toward individuals.
High Court of Jammu & Kashmir and Ladakh
The common judicial head for the Union Territories of Jammu & Kashmir and Ladakh, exercising writ jurisdiction to protect constitutional rights in the region.
UPSC context
GS-II: Judiciary. Important for understanding the federal structure and judicial administration in Union Territories post-reorganisation.
Prelims Trap
The Constitution of India explicitly guarantees the Right to Marry as a Fundamental Right under Article 21.
The Constitution does not explicitly mention the "Right to Marry". It is an inferred fundamental right derived from judicial interpretations of "personal liberty" under Article 21.
Static Concepts Connected
How has Article 21 expanded to protect individual marriage choices?
- Puttaswamy Judgement (2017): Recognized privacy as an intrinsic part of life and liberty, explicitly protecting personal choices, autonomy, and the intimacies of marriage from arbitrary state or societal interference.
- Shafin Jahan (2018): The Supreme Court ruled that an adult's right to marry a person of one's choice is an inviolable fundamental right, overriding family and societal objections.
- Shakti Vahini (2018): Declared honour killings illegal, directing state governments to establish safe houses and preventive measures for inter-faith and inter-caste couples facing community violence.
What is 'Constitutional Morality' in Indian jurisprudence?
- Core Principle: The doctrine asserting that core constitutional values (justice, liberty, equality, fraternity) must supersede majoritarian societal norms, regressive religious customs, or patriarchal control.
- Ambedkar's View: B.R. Ambedkar noted that constitutional morality is not a natural sentiment in India and must be cultivated to prevent democracy from being subverted by societal hierarchies.
- Judicial Application: Frequently invoked by the Supreme Court in landmark verdicts like Navtej Singh Johar (decriminalizing homosexuality) and Sabarimala (women's entry) to strike down discriminatory traditions.
Cross-Topic Patterns
Constitutional Morality vs. Personal Laws
Judgments prioritizing constitutional liberty over traditional familial structures often lay the jurisprudential groundwork for debates on implementing a Uniform Civil Code (UCC) under Article 44.
Social Justice & Honour Crimes
Judicial directives to protect inter-caste/inter-faith couples highlight local law enforcement failures, linking fundamental rights directly to police reforms and the SC's Prakash Singh directives.
Expect a GS2 Mains question testing the clash between 'Constitutional Morality' and patriarchal societal norms in the context of marriage.
Linked PYQs · 5
Linked PYQs · 5
- 2019PrelimsGS1
Which Article of the Constitution of India safeguards one's right to marry the person of one's choice?
- 2021PrelimsGS1
'Right to Privacy' is protected under which Article of the Constitution of India?
- 2024MainsGS2
Right to privacy is intrinsic to life and personal liberty and is inherently protected under Article 21 of the constitution. Explain. In this reference discuss the law relating to D.N.A. testing of child in the womb to establish its paternity.
- 2017MainsGS2
Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy.
- 2024MainsGS1
Intercaste marriages between castes which have socio-economic parity have increased, to some extent, but this is less true of interreligious marriages. Discuss.
