8 December 2022

New Delhi: Observing that freedom of choice in marriage is an intrinsic part of the Constitution and questions of faith have no bearing on the freedom to choose a life partner, the Delhi High Court has said the police are expected to act expeditiously and with sensitivity for protection of couple sapper hending hostility from others including family members.

The court’s observation came while dealing with bail pleas arising from a case involving an alleged attempt to murder and physical assault on the complainant man by the family of the woman. who married him against the wishes of her family. The family members of the wife of the complainant abducted them and brutally beat him up, amputated his private part with an axe, and also inflicted stab injuries, according to the complaint.

The court said it was “unfortunate” that necessary steps for ensuring the safety and security of the couple were not initiated by the police station concerned on their complaint when they were expected to act with promptitude and any such lapse cannot be accepted and thus called for action against those responsible.

Freedom of choice in marriage
Freedom of choice in marriage

” The freedom of choice in marriage in accordance with law is an intrinsic part of Article 21 of the Constitution of India. Even the questions of faith have no bearing on an individual’s freedom to choose a life partner and are the essence of personal liberty, ” said Justice Anoop Ku mar Mendiratta in a recent order.

” The conduct of the police officials concerned in this regard ( in this case ) is depreciable and needs to be looked into and necessary action taken. Any such lapse cannot be accepted on behalf of the police.

A copy of this order is accordingly forwarded to Commissioner of Police, Delhi Police for taking necessary measures for sensitizing police officials in dealing with such complaints, under intimation to this Court, within a period of four weeks, ” ordered the court.

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