Previous Year Question

The right to marry a person of one’s choice forms part of the right to life and personal liberty under Article 21.

Article 21 provides that no person shall be deprived of life or personal liberty except according to the procedure established by law. The Supreme Court has interpreted this protection as extending beyond mere physical existence to dignity, privacy, autonomy and personal choice.

In Shafin Jahan v. Asokan K. M. (2018), the Supreme Court held that the right to marry a person of one’s choice is integral to Article 21. Decisions concerning marriage and family fall within the core areas of privacy, dignity and individual autonomy.

The principal dimensions of this right are:

• An adult is free to choose their life partner.

• Consent of the family, community or clan is not necessary for a marriage between two consenting adults.

• The State or private individuals cannot unjustifiably interfere with a lawful choice on the ground of caste, religion or community.

• Choice of a spouse is connected with dignity and decisional privacy.

• Police and administrative authorities must protect adult couples from violence, threats and harassment.

In Laxmibai Chandaragi B. v. State of Karnataka (2021), the Supreme Court reiterated that the consent of two adults cannot be made subordinate to the approval of their families, communities or clans.

This right does not, however, override valid marriage laws. Free consent, the legally prescribed age and other conditions imposed by the applicable marriage law must still be satisfied.

Article 19 concerns six specified freedoms of citizens, Article 25 concerns freedom of conscience and religion, and Article 29 protects cultural and linguistic interests. Article 21 is therefore the most direct answer.