Scrutinizing the Right to Love as a Human Right in Light of Honour Killings and Casteism in India

Fundamentally, the Right to Love has not been explicitly mentioned in any of the documents concerning Human Rights. However, it is presumed to be a fundamental right that is envisaged under the guise of different headings in various documents. For instance, Article 16 of the UDHR mentions that grown men and women have the right to marry and start a family, without anyone trying to stop them because of their race, country, or religion. Even though the Article does not expressly mention the word ‘love,’ the same can be interpreted to come under the purview of the Right to Love as it comes as a prerequisite for any two adults for proceeding with a marriage. Overall, this article delves into the concept of the right to love as a fundamental human right by proving the existence of such a right via conventions, legislations, constitutions, and judicial precedence. Further, honour killings in India have been a major concern over ages and is prevalent to this date. Even as recent as 2018, the Supreme Court has issued directions against honour killing which is considered to be a gross violation of the right to love and the right to marriage. This article seeks to contribute to the understanding of the right to love as a fundamental human right and shed light on the conservative nature of households because of the caste system as a driving force behind honour killings, and analyse the judicial precedents on the matter. Ultimately, the findings of this article can inform discussions on human rights, social justice, and the eradication of honour killings in India.