The Jammu and Kashmir and Ladakh High Court on Tuesday said that when two adults mutually choose each other as life partners, it reflects their personal preference. His decision cannot bow down to the thinking of any class and group. A bench of Justice Tashi Rabstan, while disposing of a petition filed by a couple who had married as per Muslim personal law and customs, directed the concerned police to provide them adequate security. The Court observed that when two adults mutually choose each other as life partners, it is an expression of their choice which is recognized under Articles 19 and 21 of the Constitution.

Consent must be given priority with sanctity
Such a right has the sanction of constitutional law and once it is recognized this right needs to be protected. This decision cannot bow down to the concept of respect for any class or the thinking of the group. The court further held that the consent of family or community or clan is not necessary after two adult persons have agreed to marry. The court said that their consent should be given priority with sanctity. The concept of liberty has to be weighed and tested on the basis of constitutional sensitivity, protection and values.

Where choice erodes, dignity cannot be thought of
The court said that it is the duty of the Constitutional Courts to protect the right to liberty of a person as a watchdog. It is clear that life and liberty without respect and choice is a hollow. A person’s choices are a separate part of dignity. The court said where there is erosion of choice, there cannot be any thought of dignity and no one shall be allowed to interfere in the flourishing of the said choice. It is difficult to even think so.

adults choose their own path
The court said that when two adults marry of their own free will, they choose their own path. They complete their relationship. They get a feeling that they have a goal here and they have a right to do so. Any infringement of the said right is a constitutional violation.

The Jammu and Kashmir and Ladakh High Court on Tuesday said that when two adults mutually choose each other as life partners, it reflects their personal preference. His decision cannot bow down to the thinking of any class and group. A bench of Justice Tashi Rabstan, while disposing of a petition filed by a couple who had married as per Muslim personal law and customs, directed the concerned police to provide them adequate security. The Court observed that when two adults mutually choose each other as life partners, it is an expression of their choice which is recognized under Articles 19 and 21 of the Constitution.

Consent must be given priority with sanctity

Such a right has the sanction of constitutional law and once it is recognized this right needs to be protected. This decision cannot bow down to the concept of respect for any class or the thinking of the group. The court further held that the consent of family or community or clan is not necessary after two adult persons have agreed to marry. The court said that their consent should be given priority with sanctity. The concept of liberty has to be weighed and tested on the basis of constitutional sensitivity, protection and values.

Where choice erodes, dignity cannot be thought of

The court said that it is the duty of the Constitutional Courts to protect the right to liberty of a person as a watchdog. It is clear that life and liberty without respect and choice is a hollow. A person’s choices are a separate part of dignity. The court said where there is erosion of choice, there cannot be any thought of dignity and no one shall be allowed to interfere in the flourishing of the said choice. It is difficult to even think so.

adults choose their own path

The court said that when two adults marry of their own free will, they choose their own path. They complete their relationship. They get a feeling that they have a goal here and they have a right to do so. Any infringement of the said right is a constitutional violation.