Live-in relationships cannot be termed 'illegal' only because the concept is not acceptable to all, the Allahabad High Court ruled while granting police protection to 12 couples reportedly facing threats from their families.
The single-bench of Justice Vivek Kumar Singh observed that living together without the sanctity of marriage does not constitute an offence. The court was hearing petitions filed by 12 women who are in live-in relationships and had sought protection as they feared a threat to their lives.
The court directed the police chiefs of the concerned districts to ensure immediate protection to these women in case anyone disrupts their peaceful living.
"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," Justice Singh said.
According to the petitioners, their complaints were ignored when they approached the police in the respective districts.
"Police must provide immediate protection after confirming that the individuals are adults and living together at their own will," the court added.
In all the writ petitions — which the Allahabad HC clubbed — the petitioners prayed that the police be directed to provide protection from people, including family members, relatives or associates, from causing any harm.
"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 noted.
"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," it added.
The Allahabad HC ruled that if the petitioners are educated and they produce educational certificates and other certificates admissible under law, from which it is evident that they have attained majority then no police officer shall take any coercive action against them unless an FIR is registered against them in respect of any offence whatsoever.
"If they do not have any documentary proof regarding age and they come from a rural background and or are illiterate/semi-literate, the police officer can subject such a boy or girl to an ossification test to verify their correct age and ... follow other procedures permissible under the law," the court ordered, while issuing directions to the officers.
Observing that live-in relationships are not socially accepted in the country and are even considered taboo, the court said, "The door for Western ideas is always welcome in India, and the concept of live-in relationship is one such idea. Live-in relationships are still facing social stigma and moral debate, especially regarding traditional values, children, and differing religious/cultural perspectives. For some, it is immoral, while others see it as a valid choice for compatibility".
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