Parents’ permission will be required to get married! Big verdict by the High Court

Will parental consent be mandatory from now on when getting married or registering a marriage? This question is now at the center of debate across the country. Because, the Government of Gujarat has proposed to amend the marriage registration law and add the provision of parental consent. However, according to a section of legal experts, this proposal can curtail the personal freedom recognized by the Constitution and the right of adults to self-determination. But why did the government suddenly take such a decision?

What does the Constitution say?

We know from Article 21 of the Constitution of India that citizens have complete right to life and personal freedom. The court has repeatedly explained that in this right, adults are completely free to choose their own life partner. Even the Supreme Court of the country has clarified in several judgments that if two adults decide to get married, there is no need for the permission of the family, society or the state.

Not without mentioning a few incidents in that vein. First, in the case of Lakshmibai Chandragi vs. State of Karnataka, the Supreme Court had said that the consent of the family or community is not essential in the marriage of two adults. Personal choice is part of dignity. And it is bigger than community respect. Besides, in the case of Shafi Jahan vs. KM Ashokan, the court upheld the right of an adult woman to marry the person of her choice and choose her religion. Also, in the case of Lata Singh vs. State of Uttar Pradesh, the court identified the family as a potential source of violence by protecting inter-caste marriages.

What does the Gujarat High Court say?

Recently, the Gujarat High Court gave its verdict in the case of a 16-year-old girl. Where she refused to return to her parents. However, the court allowed her to remain in government custody. According to a section of experts, the court’s verdict brings to the fore the question of personal choice and family control. According to senior lawyer Jayana Kathari, making consent mandatory for marriage registration can create obstacles in the case of inter-religious or inter-caste marriages. He said such a provision also curtails women’s autonomy.

Even some lawyers say that once a person reaches adulthood, his own consent alone is sufficient for marriage. There is no need to seek permission from anyone else. And this principle is an established constitutional position. Therefore, attempts to make parental consent mandatory may face challenges in court.