Excelsior Correspondent
Srinagar, Nov 10: High Court today said the adult’s choice of marriage needs to be protected and cannot succumb to conception of class of honour.
The bench of Justice Tashi Rabstan said when two adults consensually choose each other as life partners; it is manifestation of their choice that is recognized under Articles 19 and 21 of the Constitution.
Such right, Court said, has the sanction of constitutional law and once that is recognized, said right needs to be protected and it cannot succumb to conception of class honour or group thinking.
“Consent of family or community or clan is not necessary once two adult individuals agree to enter into wedlock and their consent has to be piously given primacy and the concept of liberty has to be weighed and tested on the touchstone of constitutional sensitivity, protection and values it stands for”, Justice Tashi added.
Court said it clear that life and liberty sans dignity and choice is a phenomenon that allows hollowness to enter into the constitutional recognition of identity of a person. “The choice of an individual is an extricable part of dignity, for dignity cannot be thought of where there is erosion of choice and no one shall be permitted to interfere in the fructification of the said choice”, court added.
If right to express one’s own choice is obstructed, court added, that it would be extremely difficult to think of dignity in its sanctified completeness. “When two adults marry out of their volition, they choose their path, consummate their relationship and feel that it is their goal and they have the right to do so”.
Court disposed of the petition in hand with a direction to official respondents to provide adequate security cover to petitioners and act in accordance with the law laid down by the Supreme Court.
Court however laid a condition that official respondents will check and see as to whether parties are major and the marriage has been solemnized in strict accordance with prevalent laws.
Court said if there is an FIR against any of the petitioner(s), the police may go ahead with the investigation under rules.
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