It's Her Life: Bombay High Court Affirms Hindu Woman's Right to Live-in Relationship with Muslim Man

It's Her Life: Bombay High Court Affirms Hindu Woman's Right to Live-in Relationship with Muslim Man

Recently, the Bombay High Court reaffirmed constitutional rights of individuals to decide about their personal choices including whom they want to love. It rejected objections over a Hindu woman cohabiting in a live-in relationship with a Muslim man where the court emphasized on individual autonomy and a right to life and liberty offered under Article 21 of the Indian Constitution.She, however, contended the relationship as a non-consensual one, and said that she had chose the man. Thus the case highlighted the emerging tides of tension in Indian interfaith relationships, increasingly catching societal attention and court litigious disputes. Judicial Observations The Bombay High Court dismissed the objections from the woman's family, who asserted that the personal decisions taken by the woman were within her rights under the Constitution. Right to Personal Liberty- Article 21 protects each citizen's right to life and personal liberty. As such, it has freedom to choose a companion or to live with that partner without interference. Nature of the Relationship The court regarded the relationship as consensual and between two adults. It argued that society or relatives have no right to interfere unless coercion or illegality arises in such matters. No Space for Moral Policing: The court disapproved this kind of moral policing and cultural bias against persons while opining that the personal relationship is a private affair of a person and cannot be regulated by the dictats of society or family members. Interfaith Relationships The bench further spoke on the sensitivities of interfaith relationships and told society to respect the choice of the individual and constitutional principles over traditional prejudices. Significance of the Judgment The judgment further strengthens the role of the judiciary as a protector of personal liberty and an antagonist to oppressive social norms. The judgment also makes clear the fact that the state and individuals cannot dictate one's personal choices, particularly relating to love and relations. It also points towards an increased need for more acceptable interfaith unions in such a pluralistic society of India. Conclusion The Bombay High Court's declaration, It's her life, is a great affirmation of individual rights in the face of societal and familial resistance. The court's preference for constitutional values over traditional norms has paved the way for greater acceptance of personal autonomy and freedom of choice in contemporary India.

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