Denial of right to choose spouse based on caste violative of Fundamental Rights: Himachal Pradesh HC

  • The Himachal Pradesh High Court recently observed that refusing an individual the right to choose a caste-based spouse violates fundamental rights, stressing that women have the right to choose their spouse and lead their lives as they please (Sanjeev Kumar v. State of Himachal Pradesh).

  • It is also necessary to deprecate the repression or deprivation of an individual's freedom, which is contrary not only to his/her moral and religious rights but also to constitutional rights, the Court said.

  • In order to prohibit the solemnization of their union, Justice Vivek Singh Thakur was grappling with a petition filed by one Sanjeev Kumar (petitioner) to secure the production/custody of his partner, Komal Parmar, who was detained against her wishes by her family members.

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