Adults In Live-In Relationships Entitled To Protection: Allahabad HC
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Prayagraj ~ 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 of whether the absence of formal marriage affects constitutional protection, the court held,“The 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 mere fact that the petitioners have not solemnised marriage would not deprive them of their fundamental rights as envisaged in the Constitution of India as 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.
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