Right To Choose Life Partner: As A Fundamental Right

Authors: Vikas Thakur, Dr. Santosh Kumar Tiwari

Country: India

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Abstract: The right to choose a life partner is a fundamental human right that is intrinsic in the right to life and personal liberty under Article 21. The right to choose life partner recognizes an individual's autonomy and agency in deciding whom they wish to form a romantic or marital relationship with. It is generally considered a fundamental aspect of personal freedom and individual autonomy. The right to choose a life partner is safeguarded by various international human rights tools and instruments, such as the ‘Universal Declaration of Human Rights’, which states that ‘men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family.’ Additionally, the ‘International Covenant on Civil and Political Rights- ICCPR’ and the ‘Convention on the Elimination of All Forms of Discrimination against Women- CEDAW’, and other regional and national human rights laws also recognize and protect the right to choose a life partner. Some cultures and traditions place a high value on arranged marriages or familial control over marriage decisions, which can limit an individual's freedom to choose their partner. It is important to note that the right to choose a life partner also includes the right to freely end a relationship or marriage if one wishes to do so, without any coercion or pressure from others. This aspect of the right to choose a life partner recognizes that individuals have the autonomy and freedom to make decisions about their own personal relationships and to pursue their own happiness and well-being.

Keywords: ICCPR, CEDA, IHDS,Right to Choose, Life Partner, Fundamental Right, Mutual Consent, Caste, Religion, homosexual, same-sex marriage, life partner, Khap Panchayat

Paper Id: 230601

Published On: 2023-11-03

Published In: Volume 11, Issue 6, November-December 2023

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