The Punjab and Haryana High Court has ruled that person can be compelled to enter into a matrimonial alliance against his or her wishes.
Holding that the choice of whether, when and with whom to marry lies at the centre of personal liberty guaranteed by the Constitution, the High Court has directed Mohali Senior Superintendent of Police to examine a woman’s plea alleging threats and coercion by her parents, maternal uncles and other relatives for refusing to enter into a marriage of their choice.
Justice Deepak Gupta observed that every major individual has a fundamental right to life, liberty, dignity, privacy and autonomy under Article 21 of the Constitution. “The freedom to make choices concerning one’s personal life, including the decision whether, when and with whom to marry, forms an intrinsic part of such constitutional guarantee. No person can be compelled to enter into a matrimonial alliance against his or her wishes," the Bench observed.
The court was hearing a petition filed by an MBA graduate who claimed she had been residing independently in connection with her employment and further studies. The petitioner’s counsel contended that her parents, maternal uncles and other relatives were pressurising her to marry according to their wishes.
The petitioner alleged that around two months ago she was called on a false pretext, forcibly taken to her parental home and subjected to physical assault, intimidation and threats with the object of compelling her to accept the proposed marriage. Despite her categorical refusal, the pressure and threats allegedly continued.
She further submitted that a representation dated June 10 was submitted to the Senior Superintendent of Police, seeking protection, but no effective action had been taken on her request.
Considering the matter, Justice Gupta made it clear that the court was not required to adjudicate upon the correctness or otherwise of the allegations levelled by the petitioner against the private respondents. The court observed that its limited concern was to ensure that any genuine apprehension regarding the petitioner’s life and personal liberty was appropriately examined by the competent police authorities in accordance with law.
Disposing of the petition, the Bench directed Mohali Senior Superintendent of Police or an officer duly authorised by him to consider the representation and assess the threat perception to the petitioner. The court ordered that appropriate protective measures should be taken forthwith in accordance with law, if it was found that there existed any real threat to her life or personal liberty,
The Bench clarified that the order should not be construed as an expression on any civil, matrimonial or criminal dispute between the parties. It further observed that the order would not prevent the competent authorities from proceeding in accordance with law on the basis of facts that may emerge during inquiry.
