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J&K High Court Grants Protection to Couple Who Verified Age Through Aadhaar, Dentist Prescription

In a significant ruling emphasizing personal liberty, the Jammu and Kashmir High Court granted protection to a couple who submitted a dentist’s prescription and Aadhaar card to confirm their ages. The court reinforced the right of consenting adults to marry and live together without interference, emphasizing the constitutional guarantee of personal freedom.


Case Background

The case arose when the couple faced threats from their families and community for their relationship. Claiming to be adults, the couple sought the court’s protection, presenting their Aadhaar cards and a dentist’s prescription to substantiate their age.

The petition argued that the couple’s rights to life, liberty, and dignity under Article 21 of the Constitution were being violated due to external pressure.


Court’s Observations

  1. Validity of Age Proof:
    The court acknowledged the couple’s submission of Aadhaar cards and the dentist’s prescription, holding that these documents were sufficient to prima facie establish their age. It noted that both individuals were above the legal age for marriage, making their relationship lawful.
  2. Right to Choose a Partner:
    The bench underscored that consenting adults have an unequivocal right to choose their life partners, free from societal or familial interference. Referring to landmark rulings like Shafin Jahan v. Asokan K.M., the court reiterated that the state must safeguard personal autonomy.
  3. Role of the State:
    The court directed local authorities, including police officials, to ensure the couple’s safety and prevent any form of harassment. It emphasized that protection must not be seen as endorsing the relationship but as upholding constitutional values.

Legal Context

Indian courts have consistently upheld the rights of adults to marry or live with partners of their choice. However, in regions like Jammu and Kashmir, traditional and societal pressures often complicate such relationships.

  • Evidence of Age: While Aadhaar cards are frequently used for verification, reliance on unconventional evidence like a dentist’s prescription underscores the need for flexibility in evaluating personal liberty cases.
  • Precedents: The judgment aligns with previous rulings where courts prioritized individual freedoms over societal norms.

Impact and Implications

This decision highlights judicial commitment to safeguarding constitutional rights, especially in cases involving personal choices and relationships.

  • Encouragement for Similar Cases: The ruling sets a precedent for couples facing familial opposition, encouraging them to seek legal protection.
  • Broader Recognition of Evidence: Acceptance of alternative age verification methods could influence future cases involving similar challenges.

Conclusion

The Jammu and Kashmir High Court’s decision reinforces the judiciary’s role as a guardian of personal freedoms. By protecting the couple and validating unconventional evidence, the court sent a strong message against societal interference in personal choices, further strengthening the constitutional rights of individuals.

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