Allowing a petition filed by a “live-in couple”, the Punjab and Haryana High Court has directed Haryana police to provide appropriate protection, if found necessary, and ensure that no harm comes either to the lives or liberty of the petitioners.
Justice Sudhir Mittal in an order on May 18 observed that the Constitution is the supreme law of the land. “Right to life and liberty is enshrined therein and is treated as a basic feature. The said right includes the right of an individual to full development of his-her potential in accordance with his-her choice and wish and for such purpose, he-she is entitled to choose a partner of his-her choice,” he noted.
“The individual also has the right to formalise the relationship with the partner through marriage or to adopt the non-formal approach of a live-in relationship. The concept of live-in-relationships has crept into our society from western nations and initially, found acceptance in the metropolitan cities, probably because, individuals felt that formalisation of a relationship through marriage was not necessary for complete fulfilment. Education played a great role in development of this concept. Slowly, the concept has percolated into small towns and villages also as is evident from this petition. This shows that social acceptance for live-in-relationships is on the increase,” he said.
The petitioners had approached the High Court after the family of one of the petitioners opposed the relationship and was threatening to cause physical harm.
The counsel for the State submitted that “live-in-relationships are not legal and are frowned upon by society. Thus, no protection can be granted to the petitioners”.
Justice Mittal added “In law, such a relationship is not prohibited, nor does it amount to commission of any offence and thus, in my considered view such persons are entitled to equal protection of laws as any other citizen of the country. The law postulates that the life and liberty of every individual is precious and must be protected irrespective of individual views...The Constitutional Courts grant protection to couples, who have married against the wishes of their respective parents. They seek protection of life and liberty from their parents and family members, who disapprove of the alliance.
“An identical situation exits where the couple has entered into a live-in-relationship. The only difference is that the relationship is not universally accepted. Would that make any difference? In my considered opinion, it would not. The couple fears for their safety from relatives in both situations and not from society. They are thus entitled to the same relief. No citizen can be permitted to take law into his own hands in a country governed by Rule of Law,” he said.