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Deccan Herald
2 days ago
- Politics
- Deccan Herald
'Despicable': Allahabad HC slams family's objection to woman marrying person of choice
Providing protection to the 27-year-old woman who feared abduction, a bench of Justices J J Munir and Praveen Kumar Giri said the right to marry a person of one's choice is protected under Article 21 (right to life and personal liberty) of the Constitution of India.
The Hindu
2 days ago
- Politics
- The Hindu
'Despicable': Allahabad High Court slams family's objection to woman marrying person of choice
The Allahabad High Court has condemned the family resistance to an adult woman's decision to marry a person of her choice and called such objections "despicable". Providing protection to the 27-year-old woman who feared abduction, a bench of Justices J.J. Munir and Praveen Kumar Giri said the right to marry a person of one's choice is protected under Article 21 (right to life and personal liberty) of the Constitution of India. The court was dealing with a petition moved by the father and brother of the woman (fourth respondent) seeking quashing of an FIR lodged by her under sections 140(3) (abduction), 352 (intentional insult with intent to provoke breach of peace) and others of the Bharatiya Nyaya Sanhita at Chilh police station of Mirzapur district. "It is despicable that the petitioners should object to the decision of an adult member of the family, a woman 27 years of age, about marrying a man of her choice. At least that is the right which every adult has under the Constitution by virtue of Article 21," the Bench said in its order dated June 13. The court clarified that it did not know whether the petitioners i.e. woman's father and brother, "really intend to abduct" her but the matter reflected a larger societal issue, i.e., the "value gap" between constitutional and social norms. "The fact that there is social and familial resistance to the exercise of such right is a glaring depiction of the 'value gap' between the constitutional norms and those social. So long as there is a gap between the values fostered by the Constitution and those cherished by the society, these kinds of incidents would continue to happen," the court said. In the FIR, the woman alleged a threat of abduction for wanting to marry a man of her choice. Though the court stayed the arrest of the petitioners in connection with the FIR, it also restrained them from interfering in the woman's life or from assaulting, threatening or contacting her or the man she intends to marry or live with. "The petitioners shall not contact the fourth respondent (woman) over telephone or any other electronic device or using internet or through friends or associates. The police are also restrained from interfering with the fourth respondent's freedom and liberty in any manner, whatsoever," the court directed. Granting time to State counsel and to informant to file counter-affidavit in the matter, the court ordered to list the case on July 18.
Hindustan Times
2 days ago
- Politics
- Hindustan Times
Family resistance to adult woman's marriage choice ‘despicable': HC
Condemning family resistance to an adult woman's decision to marry a person of her choice, the Allahabad high court termed such objections 'despicable' and underscored that the right to marry a person of one's choice is protected under Article 21 (right to life and personal liberty) of the Constitution of India. While making these observations, a division bench comprising justices JJ Munir and Praveen Kumar Giri provided protection to a 27-year-old woman, who feared abduction by her father and brother because she wanted to marry a person of her choice. The bench was hearing a petition filed by the woman's father and brother, who sought the quashing of the FIR lodged against them under sections 140(3), 62, and 352 of the Bharatiya Nyaya Sanhita (BNS) at the Chilh police station in Mirzapur district. Though the court stayed the arrest of the petitioners in connection with the FIR, it also restrained them from interfering in the woman's life or from assaulting, threatening or contacting her or the man she intends to marry or live with. 'The petitioners shall not contact the fourth respondent (woman) over telephone or any other electronic device or using the internet or through friends or associates. It is despicable that the petitioners should object to the decision of an adult member of the family, a woman 27 years of age, from marrying a man of her choice. At least that is the right which every adult has under the Constitution by virtue of Article 21,' the court said in an order dated June 13. While the court clarified that it did not know whether the petitioners, the woman's father and brother, 'really intend to abduct' her, it noted that the matter reflected a larger societal issue -- the 'value gap' between constitutional and social norms. 'The fact that there is social and familial resistance to the exercise of such right is a glaring depiction of the 'value gap' between the constitutional and social norms. So long as there is a gap between the values fostered by the Constitution and those cherished by the society, these kinds of incidents would continue to happen,' the court said. 'The police are also restrained from interfering with the fourth respondent's freedom and liberty in any manner whatsoever,' the court added.
News18
2 days ago
- Politics
- News18
Allahabad HC Slams Family For Opposing Woman's Right To Marry, Cites ‘Value Gap' In Society
Last Updated: Court said the resistance to exercise of such right is a glaring depiction of the 'value gap' between the constitutional norms and those of society. Emphasising the constitutional autonomy of adults, the Allahabad High Court recently observed that an adult woman has every right under Article 21 to marry a man of her choice. However, there is social and familial resistance to exercise of such right, which is a glaring depiction of the 'value gap' between the constitutional norms and those of society, it added. Court stressed that so long as there is this gap between the values fostered by the Constitution and those cherished by society, the attempt to forcefully stop an adult from marrying the person of choice would continue to happen. However, reaffirming its role, the bench stated, 'It is our duty to uphold the Constitution". A bench comprising Justices JJ Munir and Praveen Kumar Giri passed remaked thus in a plea filed by Amarnath Yadav and three others, who sought protection from arrest in a case lodged by a woman — in the case — under Sections 140(3), 62, and 352 of the Bharatiya Nyaya Sanhita (BNS) at Chilh police station, Mirzapur. The woman, aged 27, alleged that her father and brother (the first two petitioners) were trying to kidnap or abduct her to stop her from marrying the man of her choice. While the court refrained from pronouncing on the truth of the allegations at this stage, it found it 'despicable" that her family would object to her exercising a fundamental right guaranteed under Article 21 of the Constitution. 'We do not know if the first and the second petitioner or the other petitioners acting at their behest really intend to abduct the fourth respondent but it is despicable that the petitioners should object to the decision of an adult member of the family, a woman 27 years of age, from marrying a man of her choice," the court observed. It described the incident as a symptom of the 'value gap" between society's conservative norms and the liberal spirit of the Constitution. However, court found no reason to believe prima facie that the petitioners had so far committed an offence. Accordingly, granting interim protection from arrest, court simultaneously issued a strict order restraining the petitioners from interfering in the woman's life. They have also been barred from contacting her through any medium — including phone, internet, or through intermediaries — and are specifically prohibited from threatening her or the man she wishes to marry. The police, too, were instructed not to interfere with the woman's personal liberty and autonomy in any manner. Court directed that the order be communicated urgently to the Superintendent of Police, Mirzapur, through the Chief Judicial Magistrate. The matter has been listed for further hearing and admission on July 18, 2025.
Time of India
28-04-2025
- Business
- Time of India
‘Atmosphere of adhocism': HC raps state on temporary staff at GNIDA
Noida: Allahabad high court has criticised UP govt for allowing an "atmosphere of adhocism " to persist in Greater Noida Industrial Development Authority ( GNIDA ), directing "immediate corrective action". While hearing a special appeal filed by GNIDA on Sept 24 — challenging last year's order directing it to consider re-hiring five long-serving contractual employees — the division bench of justices Ashwani Kumar Mishra and Praveen Kumar Giri said on April 24 that "govt bodies cannot evade accountability through procedural technicalities". You Can Also Check: Noida AQI | Weather in Noida | Bank Holidays in Noida | Public Holidays in Noida The court expressed concern over the continued reliance on outsourced staff at GNIDA, despite the creation of a dedicated employee cadre seven years ago. Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Experience three trade fairs with just one ticket Undo automatica 2025 Undo Laser World of Photonics Undo World of Quantum Undo Visit automatica: June 24-27, Munich Undo According to the Authority's data, 1,753 employees are outsourced basis. Key departments, such as civil and planning, have 171 vacant positions that remained unfilled for an extended period. The GNIDA data says a total of 372 posts have been sanctioned across various departments, including engineering services (civil), planning, administration/general, finance and accounts, garden, law, computer, private staff, land, technical and health, among others. However, only 201 workers are employed in these roles. Additionally, 29 officers and employees are serving on deputations. The matter has been listed among the top 10 urgent cases for further hearing on May 7. The object of establishing an industrial area for the development of industries and other amenities cannot be successfully achieved "by the adhocism practised so far", the court said. "We fail to understand how the state proposes to carry out the responsibility of the Industrial Area Authority without appointing persons on a substantive basis. The Authority seems content with just sending requisitions to Subordinate Service Public Services Commission without any actual recruitment being made during the last seven years," the bench observed. Taking a stern view, the HC bench directed the additional chief secretary, department of industrial development, to file a personal affidavit explaining how such ad hoc practices were allowed to persist for so long and specifying the steps proposed to remedy the situation. The case stems from a special appeal filed by GNIDA against a single-bench judgment delivered in May 2024, in which the Authority's labour practices had come under scrutiny. In that earlier case, a bench of Justice JJ Munir sharply criticised GNIDA for terminating five contractual employees — Om Veer and four others — in Jan 2023, who served the Authority continuously for periods ranging from 10 to 23 years. Calling GNIDA's actions "unreasonable, arbitrary and discriminatory," Justice Munir has observed earlier, "Greater Noida, being an establishment of the state, ought not to pick and choose, throwing out able and experienced hands and replacing them with fresh hands for no ostensible reasons." According to the petitioners, they are holders of diplomas in civil engineering and were engaged on different dates as technical supervisors by the Authority. Over the years, their designations were updated and they were subsequently referred to as assistant managers. The petitioners told the HC that in compliance with a govt order issued in Aug 2020, which stated that there would be hiring of manpower through outsourcing, a website developed by the central govt would have to be utilised.
