‘The liberties that are guaranteed to our citizens, cannot be stretched beyond limits nor can such freedom be made weapons to destroy our fundamental values or social establishments like families’

‘The liberties that are guaranteed to our citizens, cannot be stretched beyond limits nor can such freedom be made weapons to destroy our fundamental values or social establishments like families.’
A question: If Liberty is limited to adults doing (in their personal life) what is permitted and acceptable to other people, then what would be denial of liberty? – IHM
A guest post by Locutus83
I want to bring to your notice this recent judgement in Kerala, which goes against all common sense and principles of individual freedom and dignity. In effect this judgment has sanctioned slavery and imprisonment of adult children by their parents.
I don’t understand what it is going to take for parents and society to change their mindsets with regards to adults making their OWN CHOICES in LIFE, and being independent individuals. (Love marriage is just one subset of personal choice).Is it that parents fear loss of control and power over their children (since they never had any power over their own lives)? Or are they too scared of the wagging community tongues “log kya kahenge”? Or is it that most people are still strongly casteist and xenophobic and cannot associate relations with “out of caste” people?
Even though it may be a one-off/fringe judgement, it is saddening since individual freedom and independence is being sacrificed once again at the altar of phony “Indian social values and morals”
Read more about this judgement case here:

“Parents are in all circumstances, not bound to concede absolute decisional autonomy to their children, even if they have attained majority”, rules the Kerala High Court [Read Judgment]

The Kerala High Court went on to hold “Ours is a society which has recognised freedom to every citizen. But then, these changes that we proudly talk about, and the liberties that are guaranteed to our citizens, cannot be stretched beyond limits nor can such freedom be made weapons to destroy our fundamental values or social establishments like families, which, undoubtedly, concede authority on parents to advise and guide their children. We cannot accept as a general principle that the parents are in all circumstances, bound to concede absolute decisional autonomy to their children, even if they have attained majority and remain helpless even in situations where their wards have taken wrong and immature decisions, which will be disastrous not only to the wards themselves but also to the family itself. Such parental authority, except in cases such as those pointed out by the Chancery Division and approved in Sadanandan’s case, should be out of bounds for a writ court, because it is exercised for the ultimate benefit of the ward. It may be to the dislike of the ward, who may resist it and even turn hostile to the parents. But, such immature reactions should not be allowed to influence our judgment, since the ultimate aim and purpose of all these exercise is the welfare of the ward. This Court therefore should, except in extra ordinary situations, loathe interference in cases where the natural parental authority is exercised to the dislike of a lover or even the ward.” [Link]

Another link – http://www.thehindu.com/todays-paper/tp-national/tp-kerala/hc-on-parents-rights/article5738845.ece

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