Mains Practice Questions

Introduction:

The right to life and personal liberty under Article 21 of the Indian Constitution has been interpreted by the Supreme Court to include the right to choose a life partner. Judicial precedents such as Lata Singh v. State of UP (2006) and Shafin Jahan v. Asokan K.M. (2018) reaffirm that adult consent and personal choice in marriage are fundamental, irrespective of caste or religion. Despite these constitutional protections, inter-caste and inter-faith couples in India continue to face societal resistance, coercion, and violence, including honour killings.

Body :

Challenges Faced by Inter-Caste and Inter-Faith Couples

• Social and Cultural Resistance:
  • Families and communities often oppose marriages across caste or religion.
  • Couples may face coercion, threats, and forced marriages to preserve family “honour.”
  • Communities and informal bodies, like Khap Panchayats, often approve or tacitly support violence against those defying Caste endogamy norms.
• Honour Killings
  • Families or communities may resort to murder or physical assault to enforce societal norms.
  • Violates Articles 21, 14, and 15 (personal liberty, equality, anti-discrimination).
  • Most victims of honour killings reported by NCRB fall under the youth category, generally below 30 years of age, consistent with social patterns where family or community violence targets young couples or individuals crossing social boundaries like caste or religion.
• Legal and Administrative Hurdles :
  • Legal remedies exist, including the Indian Penal Code (Sections 302 and 304) addressing murder, and the Protection of Women from Domestic Violence Act (2005), which provides protection against familial harassment.
• The Special Marriage Act (1954) enables inter-caste and inter-faith unions without religious ceremonies.
• However, administrative and enforcement gaps—such as delayed police protection, lack of witness protection, and threats of social ostracism—often limit the effectiveness of these legal instruments.

Measures and Recommendations

• Legal Interventions:
  • Establish fast-track courts for honour killing cases.
  • Enforce IPC provisions(replaced by Bharatiya Nyaya Sanhita , 2023) and the Special Marriage Act rigorously.
• Protection Mechanisms:
  • Provide police protection, safe shelters, and witness protection programs.
  • Example: NGOs like Love Commandos and People Against Caste Violence (PACV) assist couples in legal aid and relocation.
• Social Awareness and Sensitization:
  • Nationwide campaigns to promote acceptance of inter-caste/inter-faith marriages.
  • Integrate marital rights and consent awareness in school curricula.
  • Example: Awareness drives in Haryana and Rajasthan have shown a 10–15% increase in acceptance in pilot districts.
• Promote Digital Counter-Narratives: Utilize social media for positive campaigns that champion individual freedom, equality, and love.

Conclusion:

As Prof. Upendra Baxi(Human Rights expert) observes, “The realisation of fundamental rights is incomplete unless social practices evolve to respect human dignity and personal autonomy.” Ensuring effective legal enforcement, protective mechanisms, and social sensitization is essential to safeguard this right. Upholding individual marital choice strengthens the principles of liberty, equality, and fraternity, fostering a more inclusive and just society.