'Live-in not illegal...': Allahabad HC grants protection to 12 couples
What's the story
The Allahabad High Court has granted police protection to 12 couples in live-in relationships, who had been facing threats from their families. The court's decision came after the petitioners complained of being denied help by district police. The court said that, while the concept of a live-in relationship may not be acceptable to everyone, it cannot be stated that such a relationship is 'illegal' or that living together without the sanctity of marriage constitutes an offense.
Legal stance
Court emphasizes right to life and liberty
"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," Justice Vivek Kumar Singh said. The court directed police chiefs of concerned districts to ensure immediate protection to these couples if their peaceful living is disrupted.
Protection directive
Court's ruling for police
It said, "If the petitioners have not committed any offense, this court sees no reason as to why their prayer for grant of protection cannot be acceded to." "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," the bench ruled.
Social perspective
Court's observations on social stigma surrounding live-in relationships
The court also ruled that if the petitioners are literate and present educational certificates and other legal documents proving their majority, no police officer shall take any coercive action against them unless a FIR is registered against them for any offense. "If they do not have any documentary proof regarding age and they come from rural background and or are illiterate/semi-literate...police officer can subject such boy or girl to ossification test to verify their correct age," the order added.
State
What the state said
During the hearing, the state opposed the petitions, stating that live-in relationships could not be accepted at the expense of the country's social fabric. According to the government counsel, such partnerships have no legal status and can be ended at any time by either partner, which can lead to issues, including children born out of such relationships. "...therefore, before seeking any relief from the court, they should marry first," the counsel argued. However, the court rejected the state's objections.