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.