Choice Of Life Partner Can't Be Affected By Faith, Religion: Delhi HC

"An individual’s right to choose a life partner cannot be restricted by matters of faith and religion. It is said that the right to marry is an "incident of human liberty" and should not be dictated by the state, society, or parents when it involves consenting adults," observed the Delhi High Court.

A single judge bench of Justice Saurabh Banerjee gave the verdict on September 18 while granting protection to a couple facing threats from the woman’s family. The couple, who were both of legal age, got married under the Special Marriage Act, 1954, against the wishes of their parents, leading to constant threats.

Delhi HC On Right To Choose Life Partner

The bench noted that the right to marry a person of one’s choice is integral to Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. It further emphasised that personal choices, especially in matters of marriage, are protected under Article 21.

Justice Banerjee noted that the woman’s parents cannot threaten the life and liberty of the couple and mentioned that they do not need social approval for their personal decisions and choices. The court directed the authorities to provide contact information for a beat constable and the SHO to the couple to ensure their protection whenever needed.

In India, the majority of parents take it upon themselves to find a suitable spouse for their children. Parents of sons tend to be a little flexible when it comes to their sons deciding their life partner. However, it is not the same with the most parents of daughters. It’s a sad reality that the majority of Indian women do not have the agency to choose their life partner.

Well, in a country that dictates what women should wear, where they should go, what they should do, etc., no wonder women are robbed of their agency to choose their spouse. While it’s not a general statement and there are parents who are understanding and supportive of their daughters' choices, the majority of women, when it comes to making major life decisions, are denied the power to make a choice.

While parents think that they are protecting their daughters by entrusting them to a "suitable" groom of their choice, they are actually denying the basic and constitutional rights of their daughters. Parents strongly believe that only they are capable of making the right decision, which in a way means that they don’t trust the ability of their daughters to make the right choices. But why aren’t parents focusing on empowering their daughters to make the right decision? Why can’t they guide their daughters to choose the right life partner for themselves?

Do parents think daughters are incapable of doing that because, after all, they are women too? Is this the result of internalised patriarchy that blinds parents from prioritising the happiness of their own daughters over social norms? Indian parents believe they have "ownership" over their daughters, but those times are dead, and today's women are reclaiming agency over their lives, which they are entitled to.

A lot of parents take it as disrespect if their daughter chooses her life partner on her own. They think she’s being "ungrateful," "disrespectful," and "uncultured." Their anger goes to the extent of ostracising or hurting their daughter. But isn’t it a daughter’s legal and moral right to choose the person she’s going to share her life with? Why should choosing their life partner make a woman the big bad villain?

Marriage in India, since ancient times, has been between two families or more than two individuals. But that narrative is gradually beginning to shift, and more women are choosing a spouse with whom they can envision a happy future rather than marrying for the happiness of others. If a woman can see a happy, healthy, safe, and successful future with a man, how is it fair for anyone, including society and parents, to prevent that based on religion, faith, or regressive beliefs?

Suggested Reading: Mother Hits Girl Over Boyfriend: Why Are Parents Critical Of Dating?

Views expressed by the author are their own