Adults Have Fundamental Right To Choose Life Partner: Calcutta High Court Directs Police Protection For Interfaith Couple

The Calcutta High Court has reiterated that two consenting adults have a fundamental right to choose their life partners irrespective of their religion, while directing the West Bengal Police to provide protection to an interfaith couple to ensure that their marriage is solemnised peacefully.

Justice Saugata Bhattacharyya passed the order while hearing a writ petition filed by an adult couple apprehending obstruction and threats ahead of the registration of their marriage under the Special Marriage Act.

According to the petitioners, they have been in a relationship for several years and had decided to marry. However, after the statutory notice for their marriage was issued, they allegedly faced interference and intimidation from third parties on account of their interfaith relationship. Fearing for their safety and the peaceful conduct of the marriage ceremony, they approached the High Court seeking police protection.

During the hearing, the State submitted that adequate security arrangements had already been initiated. It was also contended that the disturbance appeared to stem from within the family.

Counsel for the petitioners, however, disputed the State's submission, arguing that the obstruction was not from the family but from third parties who were attempting to prevent the marriage. It was submitted that after the marriage registrar issued notice under the Special Marriage Act, pressure was exerted upon the woman's family to oppose the marriage and threats were allegedly issued to prevent the couple from proceeding with the ceremony.

Accepting the plea for protection, the Court observed that religion cannot stand in the way of a marriage between two consenting adults.

The Court held that adult citizens are free to choose their life partners and directed the Inspector-in-Charge of the concerned police station to provide adequate protection on the date fixed for the marriage registration and ensure that no untoward incident occurs during the ceremony. The police were also directed to take all necessary steps to ensure that the marriage is conducted peacefully and in accordance with law