In India, inter-caste, inter-religion, or love marriage has always been taboo. There are many communities that do not allow males or females from them their caste or religion to marry a person from a different caste or religion.
Marrying a person from a different caste is seen as bringing great dishonor to their community and family. The cases of honor killings have been increasing over the past few years. Honor killing is used to send messages to the entire community of the consequences of marrying into a different caste. They punish their own daughter/son by killing them.
Khap Panchayat
A non-judicial body set up by the elderly from a village or different village with the intention to keep the people of their caste in control. They generally follow old customs and ban women from freedom. They are against women wearing jeans or having any freedom. People have formed their own judicial body in the villages of western Uttar Pradesh, and Eastern Rajasthan, but it is most widespread in Rohtak, Jhajjar, Sonipat, Bhiwani, Karnal, Jind, Kaithal, and Hisar districts of Haryana. Also, they punish young people for going against their communities and marrying a different caste with heavy fines, penalties or force them to suicide. Supreme court has passed the decision for disbanding such an organization.
Judgment By Supreme Court Allowing Individuals to Marry a Person of Their Choice
- Lata Singh vs State of Uttar Pradesh –
Lata Singh filed writ a petition in the supreme court under article 32 of the constitution of India to marry the person of her choice with her will. She married a man from different caste against her brother’s wish. Therefore, her brother harassed her husband and his family. But the supreme court ruled in favor of the women and provided them with protection. It was a landmark judgment that guaranteed the freedom to choose one’s life partner.
- Shafin Jahan vs Asokan K.M. and Ors. –
This case was popularly known as the Hadiya case. In this case, a Hindu woman married a Muslim man and changed her name and religion to Islam. But the women’s family challenged her marriage in the high court. And the high court delivered the judgment in favor of her parents. Later, the supreme court repealed the decision of the high court as the women were major and had the freedom to choose religion and whom to marry.
Articles Violated by Honour Killing
- Article 14 : Right to Equality before Law
- Article 15: It restricts discrimination based on religion, race, caste, sex or place of birth
- Article 19: It provides freedom of speech which is the right to express one’s opinion freely without any fear through oral/written/electronic/broadcasting/press
- Article 21: Protection of life and liberty. The state has the obligation to protect the life and liberty of its citizens unless according to the procedure established by the law.
The right to live also includes the right to marry a person of one’s choice.
Section 482 CrPC
It provides the high court with unlimited power to deal with matters of the urgent need to provide justice. This section can be used to procure protection from the High court. Couples who have married against their family or community can apply in the High court for a protection petition from their family, relatives, and community.
Essentials for getting a protection petition
- The girl must be above 18 years.
- Boys must be above 21 years.
- It must be a valid marriage.
How To Take Legal Protection from High Court?-
- File a petition for protection in the High court under section 482 of CrPC. (Called a protection petition)
- Attach the Aadhar card of both the girl and boy (or any other document as proof of your age).
- Parties to the petition
- Petitioner: Girl and boy
- Opposite party: the state, DGP of the state, SP of the city, and the SHO of the area.
-DGP- Director general of police
-SP- superintendent of police
-SHO- Station House Officer
- Ask for prayer stating that both of you, girl and boy are adults and have a legally valid marriage.
- If the high court feels that both are married adults and are in need of protection then it will direct the concerned SP, commissioner, and SHO to provide protection to the individuals.
- Take the copy of the certified order to the concerned SHO.
What if one of them is minor?
Recently a landmark judgment was delivered by the High court of Punjab and Haryana high court. A couple filed protection petitions in the high court of Punjab and Haryana high court. They were married and the girl was a major but the boy was a minor (i.e., below 21 years). The high court approved their protection petition. It stated that whether their marriage was valid or not does change the fact that the constitution guarantees the protection of the life of its citizen. Therefore, no one has the right to take the life of another.
Conclusion
Every citizen of India has the right to marry the person of his/her choice. This right is protected by the constitution through the courts. If your life is in danger from your family, relative, or community then you can get the protection from the high court of your state. Even your parents do not have the right to stop you from marrying the person of your choice.
Feel free to connect with us, for a better understanding of legal concepts!
If still doubts persist, consult legal experts at
https://www.aapkaconsultant.com/legal-opinion-legal-shots
