The Bombay High Court (HC) on Wednesday delivered a landmark ruling, reinforcing the constitutional rights of adult women. During a case’s hearing, it held the autonomy of a 21-year-old woman, who fled from her home in Telangana to escape an alleged forced marriage, declaring that neither her family nor the State can compel her to return against her will. 

The HC noted that an adult woman has the absolute right to choose where she lives, whom she marries, and whether she wishes to pursue higher education, emphasising that such personal decisions are protected under Article 21 of the Constitution, which guarantees an Indian citizen the right to life and personal liberty. 

Cause behind woman’s evasion

The woman knocked the doors of the HC seeking urgent relief after allegedly escaping from her house in Telangana, where she alleged she was being coerced into marrying a cousin nearly 10 years older than her. She said she aspired to continue her studies and attain financial independence, and alleged that her conservative family refused to extend support to her ambitions, leaving her with no option but to leave home to shield her future.

Parents file missing person complaint

After the woman fled, her parents filed a missing person complaint with the local police. Fearing that her kin or members of the community could trace her and compel her to return, the woman moved the Bombay HC seeking protection.

She requested the court to issue directives to both the Maharashtra and Telangana Police to ensure she is safe and that she be shielded from any form of harassment, intimidation or coercion. 

The division bench of the HC, realising the gravity of the case, interacted with the woman privately in chambers to assess her wishes and state of mind. The judges observed that she was mature, composed and fully conscious of the decisions she had made regarding her future.

Court issues directives

During the proceedings, the woman’s adoptive parents told the court that they would not force her to get married. Still, the woman refused to return home, while assuring the bench that she would remain in touch with her parents to let her know she is safe and sound. 

The HC ruled that, as she is an adult, no person or authority has the legal power to force her back to her familial residence against her wishes. 

Reaffirming the constitutional protection of individual liberty, the bench pronounced that decisions concerning residence, education and marriage fall squarely within the ambit of personal freedom guaranteed under Article 21. 

Moreover, the court also issued directives to the Telangana Police to close the missing person case registered after the woman’s disappearance and made it unequivocally clear that criminal proceedings or police intervention cannot be used as a means to compel an adult woman to return to her family against her will. 

Senior advocate Mihir Desai represented the petitioner before the Bombay HC.