Karnataka HC ruling- Right to marry the person of choice is a Fundamental Right

The Karnataka High Court has passed the ruling that the right to marry the person of choice of any major individual is a fundamental right enshrined in the Constitution of India.

Background

The ruling was heard by the High Court division bench consisting of  Justices S Sujata and Sachin Shankar Magadum. A habeas corpus petition was filled by Wajeed Khan. The petitioner was seeking the release of his partner Ramya from the confinement.

What the court ruled out?

The Karnataka high court have ruled out that that the right of any major individual to marry the person of his/her choice is a fundamental right. The court further said that, the liberty related to the personal relationships of two individuals cannot be encroached by anyone irrespective of their caste or religion. Other highlights of the Karnataka High Court:

Significant of the decision

The decision of the Karnataka High Court is significant because it has come in the backdrop Karnataka Government’s call to bring a law against ‘love jihad’.

Recent ruling of similar nature

The Allahabad High Court has also ruled out recently a significant verdict that states the right to live with a person of choice irrespective of their religion is intrinsic to right to life and personal liberty.

What is love Jihad?

Love Jihad is a political theory that is used to discredit the marriages between Hindu women and Muslim men. The marriage is considered as a conspiracy that cause conversion. The term has not been defined in the law book.

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