This Case Commentary is written by Sayan Chowdhury, a Second Year Law Student of South Calcutta Law College

CASE DETAILS:

COURT – SUPREME COURT OF INDIA

CASE NAME – LATA SINGH v. STATE OF UTTAR PRADESH & ANR.

JUDGE BENCH – JUSTICE ASHOK BHAN AND JUSTICE MARKANDEY KATJU

PARTIES –

PETITIONER – LATA SINGH

RESPONDENT – STATE OF UTTAR PRADESH

CITATION – WRIT PETITION (Crl.) 208 OF 2004

Abstract

The case of Lata Singh v. State of Uttar Pradesh talks about the right to marry and inter-caste marriage. The right to marry is a part of the right to life under Article 21 of the Indian Constitution. Although it is not specifically mentioned in the Constitution, it has been inserted in Article 21 by the Hon’ble Supreme Court by Article 32. It is also stated under the Human Rights Charter within the meaning of the right to start a family. Article 16 of the Universal Declaration of Human Rights, 1948 (UDHR) states that men and women have the right to marry and form a family. Further, Article 23 of the International Covenant on Civil and Political Rights, 1966 (ICCPR) also recognizes the right to marry and form a family.

Facts Of This Case

Lata Singh, a 27-year-old woman, lived with her brother Ajay Pratap Singh after the sudden demise of her parents. She was pursuing a Master's degree in Hindi at Lucknow University. On November 2, 2000, Lata left her brother's house of her own free will and married Brahma Nand Gupta, a businessman, at Arya Samaj Mandir in Delhi. The marriage was against her family's wishes, primarily because it was an inter-caste marriage.

Following her marriage, her brother lodged a missing person report with the police, alleging that Lata had been kidnapped and was mentally unstable. Subsequently, the police arrested members of Brahma Nand's family, including his two sisters, their husbands, and his cousin. These individuals were harassed and jailed based on false allegations made by Lata's brother.

Lata faced severe opposition from her family due to her decision to marry outside her caste. Her brothers, furious about the inter-caste marriage, assaulted her husband's family, took possession of their property, destroyed their crops, and filed multiple false complaints against her husband. The family feared for their lives and Lata sought help from various legal authorities to protect herself and her husband.

Issues Raised on This Case

The issues raised in Lata Singh vs State of Uttar Pradesh were:

Whether the petition filed under Article 32 for quashing the criminal proceedings under Sections 366 and 368 of the IPC maintainable?

Whether the right to marry freely is part of the right to life and personal liberty under Article 21 of the Indian Constitution?

Does an inter-caste marriage contravene any provisions of law in India?

Contention on Behalf of Appellate

The major contentions on behalf of the appellate were,

1.) The first one was that her brothers had assaulted and harassed her husband, and his relatives and irreparably harmed the entire family's property

2.) The petitioner and her husband were threatened to be killed by her brothers.

3.) The petitioner’s brothers have forcibly taken over their properties, fields, and shops, and sold the crops in their fields.

4.) The petitioners also contended that the lives of the petitioner and her husband and their relatives were in danger and she could not visit Lucknow due to the apprehension of danger to her life and also the lives of her husband and their small child.

5.) The petitioner is a major and of sound mind and the same has been proved by the medical examination. The petitioner married Brahma Nand Gupta on her own will and there was no force or coercion used for the same.

6.) They argued the brothers of the petitioners had lodged false complaints against her husband and his family.

7.) The police personnel did not take any action against the brothers of the petitioner and instead arrested and humiliated the family members of her husband.

Contention on Behalf of Respondent

On the other side, the counsel for the respondent raised the following arguments to support their contentions:

1.) It was alleged that the petitioner was mentally unfit and was not able to give valid consent for the marriage.

2.) There was an instigation on the part of her husband and his family members to marry him without anyone’s consent.

3.) That the accused persons have kidnapped, instigated, and compelled the petitioner to marry against her will and were liable for offenses under Sections 366 and 368 of the Indian Penal Code, 1860.

Rule of Law

Below we discuss the Rule of Law, prevalent in this case, those are –

I.) Article 21 of the Constitution of India:

This Article guarantees the right to life and personal liberty, which the Supreme Court has expanded to include the right to marry a person of one's choice.

II.) Article 32 of the Constitution of India:

Article 32 allows individuals to approach the Supreme Court directly for the enforcement of fundamental rights. Lata Singh invoked Article 32 to quash the criminal charges and safeguard her fundamental right to marry.

III.) Section 366 IPC:

This section criminalizes the kidnapping, abduction, or inducement of a woman to compel her to marry against her will.

IV) Section 368 IPC:

This provision deals with wrongfully concealing or confining a person who has been kidnapped or abducted.

V) Section 482 CrPC:

This section grants inherent powers to the High Court to make orders to prevent the abuse of the legal process and to secure the ends of justice.

Lata Singh v. State of Uttar Pradesh Judgement

The Supreme Court in Lata Singh vs State of Uttar Pradesh ruled in favour of Lata Singh and quashed the criminal proceedings under Sections 366 and 368 IPC.

The Court held that Lata, being a major, was free to marry anyone she chose, and her marriage to Brahma Nand Gupta was lawful. The Court observed that the allegations made by Lata's brothers were baseless and were driven by their dissatisfaction with her inter-caste marriage.

Conclusion

The Supreme Court’s decision in the case of Lata Singh vs State of UP is a cornerstone in affirming the legality of inter-caste marriages in India. The Supreme Court made it clear that an adult has the fundamental right to choose their life partner within the purview of Article 21 of the Constitution of India which guarantees the right to life and personal liberty. The Court strongly condemned any form of violence or harassment by family members in response to inter-caste or inter-religious marriages. It held such actions as barbaric and unjust, rooted in outdated feudal mindsets. The decision also clarified that the Hindu Marriage Act, 1955, does not restrict inter-caste marriages, reaffirming that such unions are neither wrong nor prohibited by law.

Reference

https://lexpeeps.in/lata-singh-v-state-of-uttar-pradesh-anr/

https://blog.ipleaders.in/case-summary-lata-singh-v-state-uttar-pradesh/#Introduction