Right to marry person of one’s choice is integral to right to life & liberty (A-21)- SC on Hadiya case

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Context

  • The right to marry a person of one’s choice is integral to Article 21 (right to life and liberty) of the Constitution”, the Supreme Court said.

Other details of the Case

  • The SC set aside a 2017 order of the Kerala High Court which annulled the marriage of Kerala Muslim convert girl Hadiya and Shefin Jahan.
  • The choice of a partner whether within or outside marriage lies within the exclusive domain of each individual.
  • The Constitution guarantees to each individual the right freely to practise, profess and propagate religion.
  • Choices of faith and belief as indeed choices in matters of marriage lie within an area where individual autonomy is supreme.
  • Neither the state nor the law can dictate a choice of partners or limit the free ability of every person to decide on these matters.

Article-21 includes:

  • Right to live with human dignity
  • Right to decent environment including pollution free water and air and protection against hazardous industries
  • Right to livelihood
  • Right to privacy
  • Right to health
  • Right to free education up to 14 years of age
  • Right to free legal aid
  • Right to fair trial
  • Right to information
  • Right to marry person of one’s choice

Source:TH