Jammu and Kashmir High Court Affirms Right to Marry by Choice, Orders State Protection
The Jammu and Kashmir and Ladakh High Court has ruled that adults are legally entitled to marry the person of their choice, and the state must protect such couples from threats. The court issued the order on June 16 while hearing a petition from a married couple who feared for their safety from private individuals after marrying voluntarily.
Justice Rajesh Sekhri observed that the couple had not sought protection from authorities before approaching the court. He noted, “It is trite in law that any person having attained the age of consent is entitled to marry as per his/her choice and the government, in particular the police agency, is under an obligation to protect the life of its citizens.”
The ruling reaffirms the constitutional right to marry freely, which is protected under Article 21 (right to life and personal liberty) of the Indian Constitution. The court directed the police to ensure the couple's safety and not interfere in their marital life.
The order comes amid instances of couples facing harassment or violence from family members or community groups for marrying outside their caste, religion, or against familial wishes. Legal experts say such rulings uphold individual autonomy and the state’s duty to protect citizens from private threats.
