Parental consent provision flies in the face of rights and court rulings, Pg12

Key Highlights:

• The Gujarat government's mandate for parental consent for marriage registration is facing criticism for potentially violating individual constitutional rights.
• Article 21 of the Constitution, guaranteeing protection of life and personal liberty, includes the freedom to choose a partner without external interference, as interpreted by the Supreme Court.
• The Supreme Court in Laxmibai Chandaragi B versus State of Karnataka (2021), stated that family or community consent isn't necessary for adult marriages.
• The Supreme Court in Shafi Jahan v KM Ashokan (2018), upheld an individual's right to marry a person of their choice and choose a religion.

Detailed Insights:

• The Gujarat government's move is seen as an attempt to curb interfaith and intercaste marriages, undermining the agency of individuals, particularly women.
• High Courts routinely protect couples seeking police protection from families opposing their relationships, reinforcing individual autonomy.
• The Supreme Court has recognized the family as a potential site of violence, offering protection to intercaste marriages in landmark rulings like Lata Singh v State of Uttar Pradesh (2006).
• Some High Courts have struck down mandatory notice periods for marriages under the Special Marriage Act, citing privacy concerns and potential family interference.

Key Concepts Involved:

• Article 21: Guarantees the protection of life and personal liberty, including the freedom to choose a partner.
• Interfaith Marriage: Marriage between individuals of different religions.
• Intercaste Marriage: Marriage between individuals of different castes.
• Special Marriage Act: A law in India that allows civil marriage between people of different religions or castes.