ABSTRACT

No person shall be deprived of his life and personal liberty except under procedure established by law enshrined in Article-21 of the Indian Constitution does not refer to the physical act of breathing, but it has a much wider meaning. It is one right that has been expanded by the Courts to include every meaningful right needed to live as a human. One such right which has been recognized by Courts in recent times is, the right to choose their partner which includes the right to decide about the nature of the relationship with the partner in the way they choose. The object of this paper is to discuss whether this right of liberty given to parties to choose their partner under Article 21 conflicts with the right to live with dignity, right of maintenance, and other related rights to those children born out of this kind of casual relationship.