Libertatem Magazine

Karnataka HC: Right of Any Adult to Marry Any Individual Is a Fundamental Right

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A Writ Petition came before a Bench of Justices S Sujata and Sachin Shankar Magadum under Article 226 of the Constitution. The Petition was filed for the issuance of a Writ of Habeas Corpus. The judgment is an important one as the State of Karnataka is talking to bring a law on Love Jihad.

What is Love Jihad?

Love Jihad is an Islamophobic theory that is a declared action wherein Muslim youth use such fervent appeals, employing charm to lure girls toward conversion by pretending love in some reports, as an organized, funded behaviour. Nevertheless, the shortage of evidence in most cases had mostly drawn it a fabrication of a paranoid fancy. In 2009, the Kerala High Court had ordered the State Police head to find out whether there was a planned campaign to turn Christian and Hindu daughters to Islam by swaying the matrimonial inducement. The inquiry found no definitive evidence to confirm the presence of such a campaign.

Which State has brought law on Love Jihad?

Uttar Pradesh brought a law against ‘love jihad”. A month following the Allahabad High Court remarks that religious conversion for the prospect of conjugality is unacceptable, the Uttar Pradesh Government implemented an ordinance apparently aimed at curbing coercive or deceitful conversions. The Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020 makes conversion non-bailable with up to 10 years of jail time if undertaken unlawfully and requires that religious conversions for marriage in Uttar Pradesh be approved by a district magistrate.

Brief Facts

The Habeas Corpus Petition was filed by Wajeed Khan who sought the release of the girl whom he intends to marry, Ramya G. from the confinement of her parents. The lover was produced by the Courts alongside her parents. 

Ramya recorded her statement in front of the judges that she was living in Mahila Dakshatha Samithi, Vidyaranyapura pursuant to the complaint lodged by her at the Janodaya Santwana Kendra.

She informed the Court that her rights were infringed by her parents because she decided to marry the Petitioner. Both Petitioner and girl worked at IQVIA as software engineers. 

The mother of the Petitioner had no objections to the marriage but Ramya’s parents disapproved of their decision. 

Court’s Observations

The Court emphasised that a person’s right to marry irrespective of caste is his/her fundamental right and is enshrined on the pages of the Constitution. The liberty to create a personal relationship is not allowed to be encroached upon.

Additionally, the Court noted that Ramya was an adult and a software engineer. She could make her own decisions regarding her life and was capable to do so.

Court’s Decision

The Court disposed of the Petition since the Writ was asked to be issued for Ramaya only and she was already present in the Court, recording her submission. Thus, securing her liberty. Additionally, the Court directed Mahila Dakshata Samithi to release her.

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