The Punjab and Haryana High Court while hearing a plea for protection for a couple staying in a live-in relationship held that the right to human life is to be treated on the highest pedestal and cannot be taken away, except in accordance with the law, irrespective of the nature of the relationship and married individuals entering into live-in relationship cannot be denied protection, irrespective of the Police's view about morality of such relationships.
Brief Facts:
The petitioner, a married woman and a mother of two children filed the present petition seeking the issuance of a writ like mandamus directing the respondents to protect the life and liberty of the petitioners because of the threat at the hands of her husband and other family members after she entered into a live-in relationship with the petitioner no. 2.
Contentions of the Respondent:
The learned counsel appearing on behalf of the state submitted that she has no objection in case respondent no. 2 is directed to look into the representation of the petitioners on the aspect of threat perception and to take appropriate action, in accordance with the law.
Observations of the Court:
The court further stated that it is the bounden duty of the State, as per the Constitutional obligations cast upon it, to protect the life and liberty of every citizen and the right to human life is to be treated on the highest pedestal and cannot be taken away except in accordance with law and irrespective of the nature of their relationship, the police force being the protective arm of the State is under a duty to protect the citizens’ life and accordingly the petitioners cannot be deprived of their fundamental right.
The court further issued guidelines to sensitize the police officials who remain mute after receiving representations from the fearful couples because of their subjective view of the moral and ethical considerations of a couple's live-in relationship.
The court concluded that a balance has to be struck between ethical and legal questions about personal choices, fundamental rights, familial pressures and the role of the State and life and individual rights in cases of live-in relationships, in deserving cases, must be protected from potential harm threatened by family members.
The decision of the Court:
The court allowed the petition.
Case Title: X vs. State of Haryana
Case No.: CRWP-7908-2023 (O&M)
Coram: Hon’ble Mr. Justice Arun Monga
Advocate for the Applicant: Ms. Rosi
Advocate for the Respondent: Ms. Svaneel Jaswal
Read Judgment @LatestLaws.com
Picture Source : https://stocksnap.io/photo/people-couple-88H5BM7G82