Allahabad High Court Affirms Legality of Interfaith Live-In Relationships
In a landmark judgment, the Allahabad High Court has unequivocally declared that interfaith live-in relationships are not prohibited or considered an offence under any existing law in India. The ruling came as the court allowed a petition filed by a couple from Sonbhadra, who sought protection from the woman's family due to threats to their life and liberty.
Court's Emphasis on Fundamental Rights and Personal Liberty
Justice Vivek Kumar Singh, presiding over the case, delivered a powerful directive emphasizing that such relationships do not deprive individuals of their fundamental rights as Indian citizens. The court explicitly stated that no discrimination can be made based on caste, creed, sex, or religion when it comes to personal relationships.
The court articulated: "This court does not see the petitioners of different religions as Hindu and Muslim, rather as two grown-up individuals who out of their own free will and choice are living together peacefully and happily for a considerable time."
Constitutional Protection Under Article 21
The High Court reinforced that the right to live with a person of one's choice, irrespective of the religion professed by them, is intrinsic to the right to life and personal liberty guaranteed under Article 21 of the Constitution. The judgment, dated March 18, further stated that interference in a personal relationship would constitute a serious encroachment into the right to freedom of choice of the two individuals.
Key constitutional provisions cited by the court include:
- Article 14: Right to equality
- Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth
- Article 21: Right to life and personal liberty
Background of the Case and Police Involvement
The petitioners, a couple from Sonbhadra, had decided to stay together in an interfaith live-in relationship but feared a threat to their lives from the woman's family. Despite approaching the police for assistance, their concerns were reportedly not addressed, prompting them to seek judicial intervention.
During the proceedings, the state government's counsel informed the court that both petitioners were major and that no First Information Report (FIR) had been registered in connection with their living arrangement. The court acknowledged this but provided clear directives for future protection.
Court's Directives for Police Action and Protection
The Allahabad High Court issued specific orders to ensure the safety and rights of the couple. The petitioners are at liberty to approach police authorities for redressal of grievances if any harm is caused by private respondents or their associates. The court further directed the police to:
- Examine the matter thoroughly, including verifying the ages of the petitioners.
- Investigate the allegations made by the couple regarding threats to their life and liberty.
- Take necessary action to protect their life, limb, and liberty if required, ensuring that the law is upheld without bias.
Legal Precedents and the 2021 Act
Referencing previous rulings, the court noted that both the Supreme Court and the Allahabad High Court have held that live-in relationships are neither prohibited nor punishable under any law. The judgment also considered the implications of the 2021 Act, reinforcing that interfaith live-in relationships cannot be deemed an offence when viewed through the lens of constitutional safeguards.
This ruling sets a significant precedent for personal freedoms in India, highlighting the judiciary's role in protecting individual choices against societal or familial interference.
