SC judgement on right to choose religion and marry
The Supreme Court held that a person’s right to choose a religion and marry is an intrinsic part of her meaningful existence under Article 21. Neither the State nor “patriarchal supremacy” can interfere in her decision.
The observations are part of the judgment published by the Supreme Court in the case of Hadiya, a 26-year-old Homeopathy student who converted to Islam and married a Muslim man.
Setting aside High Court judgement
The Kerala High Court had called the marriage a “sham” and referred to it as “love jihad”.
Rationale by Supreme Court
“Freedom of faith is essential to his/her autonomy; Choosing a faith is the substratum of individuality and sans it, the right of choice becomes a shadow.”
“Matters of belief and faith, including whether to believe, are at the core of constitutional liberty. The Constitution exists for believers as well as for agnostics”.
The court held that the Constitution protects the ability of each individual to pursue a way of life or faith to which she or he seeks to adhere. “Matters of dress and of food, of ideas and ideologies, of love and partnership are within the central aspects of identity. Society has no role to play in determining our choice of partners,”.
Chief Justice Misra described the illegal confinement of Ms. Hadiya as the smothering of her liberty.
SC judge also wrote that the “absolute right of an individual to choose a life partner is not in the least affected by matters of faith. 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”.
(Adapted from the Hindu)