Live-In Relationships Not Illegal, Right To Life Paramount: Allahabad HC
The High Court directed the police chiefs of the concerned districts to ensure immediate protection if anyone attempted to disturb the petitioners’ peaceful living.
The Allahabad High Court has ruled that live-in relationships cannot be termed “illegal” simply because they are not socially acceptable to everyone. The court made the observation while granting police protection to 12 couples who claimed they were facing threats from their families.
Court Grants Protection to 12 Couples
A single bench of Justice Vivek Kumar Singh was hearing petitions filed by 12 women in live-in relationships who sought police protection, saying they feared for their lives. The court held that cohabiting without marriage does not amount to an offence under the law.
The High Court directed the police chiefs of the concerned districts to ensure immediate protection if anyone attempted to disturb the petitioners’ peaceful living.
‘Right to Life on a Higher Pedestal’
Emphasising the constitutional right to life, Justice Singh said, “Right to human life is to be treated on much higher pedestal, regardless of a citizen being minor or major, married or unmarried. Mere fact that the petitioners have not solemnized marriage, would not deprive them of their fundamental right as envisaged in the Constitution of India being citizens of India.”
The petitioners also told the court that their complaints were ignored when they approached the police in their respective districts.
Police Directed to Act Promptly
The court said police must provide immediate protection after confirming that the individuals involved are adults and are living together of their own free will.
In all the writ petitions, which were clubbed together, the petitioners sought directions to protect them from harm by family members, relatives or associates.
Court Declines to Judge Personal Choices
“The petitioners, who are adults, have decided to reside together without the sanctity of marriage and it is not for the courts to judge them on their decision. If the petitioners herein have not committed any offence, this court sees no reason why their prayer for grant of protection cannot be acceded to,” the court observed.
It further said: “Having regard to the facts and circumstances of the case, this court is of the view that the petitioners are at liberty to live together peacefully and no person shall be permitted to interfere in their peaceful living.”
Directions on Age Verification
The High Court ruled that if the petitioners are educated and produce educational or other admissible certificates proving they have attained the age of majority, no police officer should take any coercive action against them unless an FIR is registered for a specific offence.
In cases where documentary proof of age is unavailable and the individuals are from rural backgrounds or are illiterate or semi-literate, the court said police may subject them to an ossification test to determine their age and follow procedures permissible under law.
Social Stigma Around Live-In Relationships
Noting that live-in relationships are not widely accepted in Indian society and are often considered taboo, the court observed: “The door for Western ideas is always welcome in India, and the concept of live-in relationship is one such idea.”
The court added that live-in relationships continue to face social stigma and moral debate, particularly in relation to traditional values, children, and religious or cultural perspectives. “For some, it is immoral, while others see it as a valid choice for compatibility,” the court said.
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