IIPS Working Paper No. 9 Freedom to Marry: The Constitutional Choice and KHAP Panchayats Indira Jaising Additional Solicitor General of India Email:
[email protected] May 2013 INTERNATIONAL INSTITUTE FOR POPULATION SCIENCES Deonar, Mumbai 400 088, Maharashtra, India Tel: +91 22 42372400; Fax: +91 22 25563257 E-mail:
[email protected] Website: www.iipsindia.org Freedom to Marry: The Constitutional Choice and KHAP Panchayats* Indira Jaising “The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men” --U.S. Supreme Court, Loving Vs. Virginia, 1967 I have chosen to speak today about the right to marry as an essential freedom of all human beings as it relates to their right to self-expression and their right to associate with a person of their choice. That apart, I have chosen to talk about what I consider to be an interference with this most essential right by Khap Panchayats on the ground that they oppose intra gotra marriages for scientific and genetic reasons, namely that such marriages reduce the gene pool and have a recessive health impact on the population. In other words, on the ground that it is not in the interest of public health. This is surely an argument of concern to population experts, geneticists, demographers and health experts. Before we enter that discussion I would like to say a few words about the right to marry itself. Let us not forget that we live in an age of choice, not only in an age where the Constitution has gifted us the right to choose our marriage partner, but also in an age where we can choose whether or not to have children.