Answer

Article 21 of the Indian Constitution ensures the Right to Life and Personal Liberty, encompassing privacy and the freedom of choice, as upheld in the Puttaswamy judgment (2017). Mandates restricting private spaces for unmarried couples contravene these rights, limiting autonomy. Such policies perpetuate societal biases, undermining constitutional protections.

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Concerns Related to Personal Freedom and Right to Privacy

• Marital status discrimination: Policies that demand proof of relationship restrict unmarried couples’ freedom to seek private spaces. These discriminatory practices violate personal choice and autonomy.
  For example: The OYO policy discourages unmarried couples from accessing hotels, violating their right to privacy.
• Infringement on privacy: Asking for proof of relationship undermines the right to privacy, subjecting individuals to unwarranted scrutiny of their personal lives.
  For example: In the Shafin Jahan vs Asokan K.M. case, the Supreme Court upheld individuals’ right to choose their partner, underscoring the importance of privacy.
• Exclusion of certain relationships: Such policies disproportionately affect pre-marital couples, LGBTQ+ couples, and people from conservative backgrounds, limiting access to private spaces. For example: In Navtej Singh Johar vs Union of India, the court affirmed the right of people to engage in consensual relationships, regardless of societal norms.
• Impact on social inclusivity: Policies like these perpetuate societal stigmas, reinforcing the belief that only married couples deserve respect or privacy. 
• Cultural and emotional burden: Couples face psychological distress, as societal expectations are forced onto their personal lives by such intrusive policies.
  For example: Payal Kapadia’s oscar nominated movie, “All we imagine as light” highlights young couples’ struggles, like Anu and Shiaz, searching for private space despite societal judgment.

Article 21 Protects These Rights Against Societal Norms and Restrictive Policies

• Right to privacy: Article 21 safeguards an individual’s right to privacy, ensuring their personal space is not infringed by societal norms or private entities.
  For example: The K.S. Puttaswamy case (2017) established privacy as a fundamental right, protecting individuals from arbitrary surveillance or interference.
• Freedom of choice: Article 21 protects the liberty to form relationships without interference from society, including unmarried couples exercising their autonomy.
  For example: The Shafin Jahan case (2020) upheld the right of individuals to marry freely, rejecting societal judgments about pre-marital relationships.
• Right to personal dignity: Article 21 protects the right to live with dignity, which includes the right to seek private spaces without discrimination based on marital status.
  For example: The Navtej Singh Johar case (2018) reinforced the right of individuals to engage in consensual relationships, protecting their dignity against social prejudices.
• Constitutional protection from discrimination: Article 21 allows legal recourse if fundamental rights are violated by private entities, providing a safeguard against discriminatory practices.
  For example: The Kaushal Kishor case (2023) extended constitutional rights, allowing individuals to challenge violations by private actors under Article 21.
• Recognition of diverse relationships: The Constitution’s evolving interpretation ensures that all types of relationships, including pre-marital ones, are protected under Article 21, shielding them from exclusion.
  For example: LGBTQ+ rights were acknowledged in Navtej Singh Johar, recognizing relationships beyond traditional marriage structures under the right to equality and privacy.

Suggest a Way Ahead for Such Hospitality Platforms

• Inclusive policies: Hospitality platforms should adopt policies that treat all couples equally, irrespective of marital status, ensuring access to private spaces without discrimination.
  For example: The Indian Hotel Association could issue guidelines preventing discrimination, ensuring the rights of unmarried couples to book rooms.
• Privacy safeguards: Implementing policies that respect individuals’ privacy, like avoiding unnecessary questions regarding relationships, ensures compliance with constitutional rights.
  For example: Similar practices in European hotel chains ensure guest privacy, protecting their rights without needing to disclose relationship details.
• Employee training on rights: Hotels and platforms should train staff to respect individual freedoms and comply with legal standards, ensuring inclusive service for all customers.
  For example: Marriott Hotels train employees to avoid discriminatory practices, focusing on customer respect and privacy in line with legal obligations.
• Clear grievance redressal mechanisms: Platforms must establish transparent complaint systems for customers who believe their rights have been violated, ensuring accountability.
  For example: Airbnb offers a grievance redressal system that addresses any complaints related to discrimination or privacy violation by hosts.
• Advocacy for anti-discrimination laws: Hospitality platforms should support and advocate for laws that protect individuals from discrimination based on marital status or other private factors. For example: Platforms like Airbnb support anti-discrimination legislation, promoting inclusive services and protecting customer rights in diverse settings.

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Upholding Article 21 safeguards personal freedoms, ensuring equality before the law. Policies rooted in societal norms must align with constitutional values of liberty and dignity. Addressing these concerns demands judicial and legislative action, reinforcing individual autonomy in private matters.

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