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Right to choose a partner intrinsic to the right to life: HC | India News


PRAYAGRAJ: The Allahabad High Court has held that “the right to choose a partner, regardless of religion, is intrinsic to the right to life and personal liberty.”
Judge Pankaj Naqvi and Judge Vivek Agarwal made these observations when annulling a kidnapping, forced conversion and POCSO case FIR against a man accused of forcibly converting and marrying a Hindu girl.
The court also noted that the judgments handed down during two previous interfaith marriage cases, in which it noted that “conversion for matrimonial purposes is unacceptable”, were not “good law”.
“We are upholding sentences in the Noor Jahan and Priyanshi cases for failing to establish good laws. None of these trials dealt with the issue of the life and freedom of two mature people to choose a partner or their right to freedom of choice, ”the court said.
The HC was listening to a petition submitted by Salamat Ansari and Priyanka Kharwar alias Alia from Kushinagar on November 11. The petitioners had requested the annulment of the FIR filed on August 25, 2019 at the Vishnupura Police Station in Kushinagar.
The petitioners’ argument was that the couple was an adult and qualified to marry according to their choice. The woman’s father’s lawyer objected to the petition, claiming that conversion by marriage was prohibited and that marriage was not legally sanctified.
The court, after hearing from both parties, observed: “Ignoring the choice of an adult would not only be antithetical to the freedom of choice of an adult, but would also threaten the concept of unity in diversity. A person who reaches the age of majority is conferred by law the right to choose a partner, which if denied would affect not only his human right, but also his right to life and personal liberty, guaranteed by article 21 of the Constitution “. observed bank.
The bank further said: “We do not see Priyanka Kharwar and Salamat as Hindus and Muslims, but as two adult people who of their own free will and free will are living together in peace and happiness for a year. Courts and constitutional tribunals in particular are obliged to defend the life and liberty of a person guaranteed by article 21 of the Constitution. ”
“The right to live with a person of their choice, regardless of their religion, is intrinsic to the right to life and personal liberty. Interference in a personal relationship would constitute a serious violation of the right to freedom of the two individuals. The decision of an individual who is of legal age to live with an individual of their choice is strictly an individual’s right and when this right is infringed, it would constitute a violation of their fundamental right to life and personal liberty, as it includes the right to freedom of choice, to choose a partner and the right to live with dignity enshrined in article 21 of the Constitution, ”the court observed.
“We do not understand that if the law allows two people, even of the same sex, to live together peacefully, then neither an individual nor a family, not even a state can have objections to the relationship of two important people who by free will live together” , the judges observed.

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