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Live-in couples entitled to protection of life and liberty, rules Allahabad high court
“Right to human life is to be treated on a much higher pedestal, regardless of a citizen being minor or major, married or unmarried…"
The Allahabad high court has directed police to provide protection to 12 live-in couples who said they were facing threats from their families and had received inadequate security from the authorities.
Justice Vivek Kumar Singh heard all 12 petitions together and ruled that adults in a live-in relationship are entitled to protection of life and personal liberty from the state. The court also issued detailed directions on the procedure to be followed by the police if such couples face threats in future.
The HC said that the petitioners may approach the commissioner of police, senior superintendent of police (SSP) or superintendent of police (SP) with a certified copy of the order. The court said officers must provide immediate protection after confirming that the individuals are majors and living together voluntarily.
In cases where documentary proof of age is not available, the police may conduct ossification tests or adopt other lawful methods to ascertain age, the high court said in its order dated December 17 (Wednesday).
The high court noted that a large number of similar petitions were being filed, with couples stating that they had approached district police but received no relief, forcing them to move court.
“Right to human life is to be treated on a 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 court observed.
The court noted that while morality may vary between social and individual perspectives, legality is unaffected by these differences. It added that live-in relationships are not prohibited by law, even if sections of society may find them objectionable.
The court further held that once a person attains the age of majority, he or she is legally free to decide where and with whom to live.
The court added that the state carries a constitutional responsibility in such situations.
“The petitioners herein, who are major, have taken a decision to reside together without the sanctity of the 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 as to why their prayer for grant of protection cannot be acceded to,” the court said.
