'Protection of life Constitution's basic feature': HC asks Bathinda police to consider live-in couple's representation

Chandigarh, Dec 22 (PTI) Observing that protection of life and liberty is the basic feature of the Constitution, the Punjab and Haryana High Court has directed the Bathinda senior superintendent of police to consider a live-in couple's representation for protection after assessing threat perception.

Justice Rupinderjit Chahal passed the order on a petition filed by the couple under Article 226 of the Constitution for directions to police for protection and liberty from their relatives.

The petitioners in their plea submitted that they were in a live-in relationship. The woman was already married and no child was born out of the wedlock while the boy was not of marriageable age, according to the plea.

They also submitted that they gave their representation to the Bathinda SSP on December 9.

In their plea, the couple said they would be satisfied in case respondent number 2 (SSP) is directed to look into the said representation and after considering threat perception to them, to take appropriate action.

While relying on the verdict of a coordinate bench in Pardeep Singh vs. State of Haryana and others case, Justice Chahal stated that this court is of the view that even if the petitioners are living in a live-in relationship, they are entitled to the protection of their life and liberty.

The court observed that the protection of life and liberty is a basic feature of the Constitution of India as emanating from Article 21.

"Every person, more so, a major, has right to live his/her life with a person of his/ her choice subject to the laws as applicable. Whenever this Court, prima facie, is satisfied that on account of some relatives/ persons being unhappy with the relationship between the petitioners could cause harm to the life and liberty of the petitioners, then in such circumstances, the Courts are required to pass necessary directions for their protection," stated the court's order passed on December 18.

"...Without commenting upon the legality of the relationship between the petitioners or expressing any opinion on the merits of the case, this Court deems it appropriate to dispose of the present petition with a direction to respondent No.2 (SSP) to consider the representation and to assess the threat perception to the petitioners.

"After considering the same, respondent No.2 shall take appropriate action in accordance with law," said the order.

The court, however, clarified that this order shall not debar the state or any person aggrieved from initiating appropriate proceedings against any or both of the petitioners, if any cause of action arises by the petitioners living together or if they are involved in any case. PTI CHS VSD KVK KVK