Marriage to need parents’ permission? Gujarat government moves to amend registration law

The Gujarat government has introduced a provision requiring parental consent for the registration of marriages. Legal experts argue that the move may contradict constitutional protections guaranteeing personal liberty and autonomy.

Article 21 of the Constitution protects life and personal liberty, and courts have consistently interpreted it to include the freedom of adults to choose their partners without interference from family, community or state authorities.

In Laxmibai Chandaragi B v State of Karnataka, the Supreme Court reiterated that consent of family, community or clan is not necessary once two adults decide to marry. The Court emphasised that individual choice is integral to dignity and cannot be subordinated to notions of “class honour” or “group thinking”.

In Shafi Jahan v KM Ashokan, the Court upheld an adult woman’s right to marry a person of her choice and to choose her religion, overturning a Kerala High Court decision that had annulled the marriage.

Earlier, in Lata Singh v State of Uttar Pradesh, the apex court recognised the family as a potential site of violence and protected inter-caste marriages.

High Court interventions

The Gujarat High Court recently allowed a 16-year-old girl, who refused to return to her parents, to remain in government care after her parents objected to her relationship.

The Allahabad High Court (2021) and the Delhi High Court (2009) struck down the mandatory 30-day public notice requirement under the Special Marriage Act, citing concerns over privacy and potential harassment.

Senior Advocate Jayna Kothari told The Indian Express that requiring parental consent may effectively restrict interfaith and intercaste marriages, despite government schemes promoting such unions. She argued that such provisions undermine women’s agency and autonomy.

Courts have repeatedly held that once individuals attain majority, their consent alone is sufficient for marriage. Any requirement for parental approval could be seen as inconsistent with established constitutional jurisprudence.

The debate over Gujarat’s parental consent provision raises broader questions about the balance between administrative regulation and fundamental rights. With multiple Supreme Court judgments affirming the primacy of adult choice in marriage, the provision may face constitutional challenges if tested in court.