DOI
https://doi-ds.org/doilink/06.2021-26666837/SYIN & SERN/V1/I2/A1
Abstract
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A woman has the right to control her body and mind but choosing the partner of choice is denied or systematically discouraged in the shadow of approval of the community and families. In South Asian countries, there hardly had been any social practice of seeking the consent of women before marriage. However, with the increased educational level, the consent of women is promoted but still used as a formality only. The Constitution of India provides special provisions for protecting women’s freedom which has been respected by the Supreme Court and High Courts through multiple judgments and has tried to transform the patriarchal traditions of the society. However, this transformative approach adopted by Courts has not been able to reach the ground realities and the beliefs of communities. The legal support in favor of this right is often moulded to restrict women’s access to it.
In this paper, the researcher has looked into various judgments to figure out the position and role of Judicial Courts in upholding women’s right of choosing their partner and their self-autonomy. The researcher has outlined the socio-cultural attributes such as caste and religion in affecting such rights and has studied the judicial verdicts on inter-religion/ inter-caste marriages and their implication and has examined the legality and desirability of the recent Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020 to get a complete picture.
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