family-matrimonial-law

An interfaith couple faces threats from family members after marriage. Examine legal protections available to them

India is a country known for its rich cultural and religious diversity. People belonging to different faiths, languages, and traditions live together, making India a truly secular nation. The Constitution of India guarantees equality, freedom, and dignity to every citizen. One of the most important aspects of personal liberty is the right to choose a life partner. In recent years, with the growth of education and changing social values, interfaith marriages have become more common. Such marriages reflect the constitutional ideals of equality, fraternity, and secularism.

However, despite legal recognition, many interfaith couples continue to face opposition from their families and society. Parents and relatives often object to such marriages due to social customs, religious beliefs, or concerns regarding family honour. In many cases, couples are threatened, harassed, physically assaulted, or even forced to separate. There have also been incidents of honour-based crimes where couples have been attacked simply because they exercised their right to marry according to their own choice.

The Constitution of India does not permit such interference in the personal lives of consenting adults. The Supreme Court has repeatedly held that the right to choose a spouse is a fundamental right protected under Article 21of the Constitution. Similarly, Articles 14, 19, and 25 provide protection by guaranteeing equality before law, freedom of expression, personal liberty, and freedom of religion. The Special Marriage Act, 1954 also provides a legal framework for marriages between persons belonging to different religions without requiring conversion.

The issue of protecting interfaith couples has become increasingly important because many such couples are forced to approach the police and the courts seeking protection. Indian courts have consistently taken a progressive approach by safeguarding the rights of adults to marry according to their own wishes.

Therefore, this article attempts to examine the legal protections available to interfaith couples who face threats from family members after marriage. It also discusses the constitutional provisions, statutory laws, and important judicial decisions that uphold the values of liberty, dignity, and equality in Indian society.

Importance and Relevance of the Topic

The topic of interfaith marriages is highly relevant in present-day India because such marriages often become the subject of social and family opposition. Even though the law recognizes the freedom of adults to marry according to their own choice, many couples continue to face threats and harassment from their relatives.

The importance of this topic lies in the fact that it involves fundamental rights guaranteed by the Constitution, such as the right to equality, personal liberty, and freedom of religion. Protecting interfaith couples is necessary for maintaining the principles of secularism and constitutional morality. It also helps in preventing honour-based crimes and ensuring that personal choices are respected in a democratic society.

Legal Issues Involved

The following legal issues arise when an interfaith couple faces threats after marriage:

  1. Whether adults have the legal right to marry a person belonging to another religion.
  2. Whether family members can interfere with the personal decision of two consenting adults.
  3. Whether the State has a duty to provide protection to such couples.
  4. Whether threats, intimidation, harassment, or violence by family members amount to criminal offences.
  5. Whether constitutional courts can issue directions for the protection of life and liberty of the couple.
Applicable Laws
Constitutional Protection
Article 14 – Right To Equality

This article guarantees to all person equality before law and equal protections of law within the territory of india. This article asserts the supremacy of law or rule of law.

Article 19 – Right To Freedom

It protects various freedoms that support an individual’s right to make personal choices.

  • Freedom of speech and expression
  • Freedom to move freely throughout the territory of india
  • Freedom to practicise any profession or to carry on occupation trade or buissness
Article 21

Article 21guarantees the right to life and personal liberty. The hon’ble Supreme Court has interpreted this provision to include the right to choose a life partner.

Article 25
Special Marriage Act, 1954

The Special Marriage Act, 1954 is the most important legislation governing interfaith marriages in India. It provides a legal secular framework for civil marriage. It allows two persons belonging to different religions to marry legally without changing their religion. The Act provides legal validity and protection to such marriages.

Criminal Law Protection

If family members threaten, assault, wrongfully confine, kidnap, or harass an interfaith couple, they may be held liable under criminal law. The couple can approach the police authorities for immediate protection. File a written complaint or an First Information Report [FIR] at your local police station.

Judicial Analysis
Landmark Judgment
Lata Singh v. State of Uttar Pradesh (2006)

In this case, Lata Singh, an adult woman, married a person of her own choice against the wishes of her family. Her relatives threatened the couple and initiated false criminal proceedings against the husband.

The Supreme Court held that every adult has the fundamental right to marry a person of his or her own choice. The Court observed that parents or relatives cannot interfere with such decisions and directed the authorities to protect couples facing threats.

This judgment is significant because it clearly recognized that personal liberty and freedom of choice are protected by the Constitution.

Recent Judgment
Shafin Jahan v. Asokan K.M. (2018)

This case, popularly known as the Hadiya case, involved an interfaith marriage challenged by the woman’s father. The matter reached the Supreme Court regarding the validity of her independent choice.

The Court held that the choice of a life partner is an intrinsic part of Article 21of the Constitution. It further stated that neither parents nor society can dictate whom an adult should marry.

The judgment strengthened the concept of individual autonomy and reaffirmed that constitutional rights cannot be overridden by social or family pressure.

Supporting Judicial Development

In Shakti Vahini v. Union of India (2018), the Supreme Court condemned honour-based crimes and directed State authorities to take preventive and protective measures for couples facing threats because of their marriage choices.

Reasoned Legal Opinion

In my opinion, every adult should have complete freedom to choose a life partner irrespective of religion. Marriage is a personal decision and should be based on the consent of the individuals involved. While parents may express their concerns, they cannot use threats, violence, or coercion to oppose a lawful marriage.

In my view, every couple have right to freedom to do or to choose the partner as our choice. if both couple are agree with their relationship, no one can force you or threaten you. The Constitution places great importance on personal liberty and dignity. Indian courts have consistently upheld the rights of interfaith couples and have emphasized that constitutional morality must prevail over social morality. However, stronger implementation of these legal protections is necessary. Police authorities should respond promptly to complaints, and awareness regarding constitutional rights should be increased.

In my opinion, legal protection for interfaith couples is not only important for safeguarding individual rights but also for promoting a more inclusive and progressive society.

Conclusion

Interfaith marriages are legally recognized and protected in India through the Constitution, the Special Marriage Act, 1954, and various judicial decisions. Adults have the right to marry a person of their own choice without interference from family members or society.

The hon’ble Supreme Court has repeatedly emphasized that personal liberty, dignity, and autonomy are essential components of a democratic society. Whenever an interfaith couple faces threats or harassment, they have the right to seek protection from the police and constitutional courts.

In my view, family members only share their opinions but they also should respect their childrens decision. Protecting interfaith couples is essential for preserving the constitutional values of equality, freedom, secularism, and human dignity. Society should respect personal choices, and the law should continue to ensure that no individual is deprived of the right to live and marry according to his or her own wish.

Written by Honey Vangani
Legal Intern, Sandhu Law Offices
2nd Year, Dr. Punjabrao Deshmukh Law College, Amravati

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