The Gujarat government’s move to mandate consent of parents for registration of a marriage flies in the face of constitutional rights of individuals that are routinely safeguarded by several court rulings. This right has been interpreted by the Supreme Court to include the freedom to choose a partner without external interference. On February 16, the Gujarat High Court allowed a 16-year-old girl, who refused to return to her parents, to stay in government care. The Delhi High Court in 2009 and the Allahabad High Court in 2021 had even struck down the mandatory 30-day notice of a couple’s intention to marry under the Special Marriage Act, citing an invasion of privacy, even from family. “Such publication of notice and further procedure would not be violative of their fundamental rights as they adopt the same of their free will,” the Allahabad High Court had said.

Source: Indian Express February 21, 2026 11:25 UTC