Judicial Activism In Protecting Fundamental Right To Choose Life Partner

Men and women in India who have attained 18 years of age, have time and again fought for their own independence in their respective lives; independence from the stereotypes questioning their ability to choose their life partner and need of constant parenting, care, protection and surveillance.

- Chhaya Khosla

It has always been an uphill task for women in India to break even, in a society dominated by men. The society creates a social pressure and constant threat upon those who dare to choose their own life partners. Such people arrogate themselves as law makers and impose inhuman treatment and punishments, which instils a fear amongst couples, especially youngsters, to commit suicide or to suffer irreparably at their hands. The egoism of such groups results in the violation of human rights and fundamental rights of a person. This takes place in the name of ‘honour’.

Honour killing is a homicide by family members, in a belief that victim has brought dishonour to the family. The ability to choose a partner, is crushed in the name of honour of community or clan, and is treated with indignity. The malaise of ‘honour killing’ has emerged from deeply entrenched belief in caste system and it is getting sanctioned by a number of caste panchayats, with the connivance of family members. These panchayats are called ‘Khap Panchayats’ or ‘Khaps’. The Khaps are not formally electable government body and these Khap panchayats have time and again nurtured the feeling of sanctification of punishing victims.

They have been discouraged by the Courts and have been termed as extra-constitutional bodies, engaged in feudalistic activities that commit crimes under Indian Penal Code.

Right to Choose Life Partner