Adults in live-in relationship entitled to protection of life: Allahabad HC

Prayagraj, Dec 18 (PTI) The Allahabad High Court has directed police protection for 12 live-in couples, who said they faced threats from their families and had received inadequate security from the police.

Justice Vivek Kumar Singh gave the direction observing that adults in a live-in relationship are entitled to protection of life and personal liberty from the state.

The court noted that a large number of similar cases are now being filed, with couples stating they had approached district police but to no avail, prompting them to move the court.

On the question whether the absence of formal marriage affects constitutional protection, the court held, "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 rights as envisaged in the Constitution of India being citizens of India." The court clarified that the question at hand was whether the Constitution protects adults who enter into live-in relationships rather than whether society accepts such relationships.

It noted that while morality may vary between social and individual perspectives, legality is unaffected by these differences.

The ruling stated that live-in relationships are not prohibited by law, despite the fact that many segments of Indian society may still find them uncomfortable.

The court said that once an individual attains the age of majority, that person is legally free to decide where and with whom to live.

"Once an individual, who is a major, has chosen his/her partner, it is not for any other person, be it a family member, to object and cause a hindrance to their peaceful existence," it added.

"It is the bounden duty of the state, as per the constitutional obligations casted upon it, to protect the life and liberty of every citizen." The court also addressed earlier high court decisions that refused protection to live-in couples.

The judge said that the present cases involved adults, who had not committed any offence and that there was no legal basis to deny their request.

The bench added that it was "unable to adopt" those earlier views because they were not in line with Supreme Court rulings.

"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 have not committed any offence, this court sees no reason as to why their prayer for grant of protection cannot be acceded to," it said.

The court thus allowed all 12 petitions and issued detailed instructions on how police should respond if the couples face threats in the future. PTI COR RAJ ZMN