Right to convert and choose a partner to marry is fundamental right: SC in Hadiya judgment

The Supreme Court on Monday made a compelling case for an individual's right to choose their religion and marry a partner of their choice, saying neither society nor state has any right or a role in this determination.

The apex court bench led by Chief Justice Dipak Misra released a reasoned 61-page judgment that marked their observations in the contentious Hadiya case. Last month, on Women's Day, the top court set aside a May 2017 Kerala High Court judgment that had annulled 24-year-old Hadiya's marriage to Shafin Jahan.

The March 8 order was significant since the essential argument against the marriage had taken a political overtone and was adjudged as a case of "love jihad."

"Freedom of faith is essential to his/her autonomy; Choosing a faith is the substratum of individuality and sans it, the right of choice becomes a shadow," CJI Misra wrote in an opinion.

However, in a separate but concurring opinion, Justice Chandrachud wrote, "Matters of belief and faith, including whether to believe, are at the core of constitutional liberty. The Constitution exists for believers as well as for agnostics".

Talking about the boundaries of a HC in a person's private life, Justice Chandrachud observed that "the exercise of that jurisdiction should not transgress into the area determining the suitability of partners to a marital tie. That decision rests exclusively with individuals themselves," adding, "Interference by the State in such matters has a seriously chilling effect on exercise of freedoms."