Tuesday, February 23, 2021

Denying a person right to choose spouse based on caste is violative of fundamental rights, the Himachal Pradesh High Court

Read Judgment

Suppressing or oppressing freedom of an individual, that too which is contrary not only to his/her spiritual and religious rights but also constitutional rights is to be deprecated, the Court said.

"We are living in a State governed by the Constitution and discrimination on the basis of caste by denying of right to choose spouse, is in violation of Fundamental Rights guaranteed under the Constitution of India," the Court said.

 "Ms. Komal has refuted the allegations of her ill mental health with further submission that she was slapped brutally on 2.2.2021 at Jawalaji and thereafter she was beaten and administered some injection and forcibly taken to Mental Health Specialist on 3.2.2021 and 10.2.2021. She has further stated that she is not having any mental health problem and that she is a student and has appeared in BBA Final Year Examination a few months ago." the Court noted.

 

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