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 stated that death is not the penalty for defiance of matrimonial laws and that too at the hands of family members and the constitutional fundamental right under Article 21 stands on a much higher pedestal and being sacrosanct under the constitutional scheme, it must be protected, regardless of the legitimacy of relationship and/or even the absence of any marriage between the parties and there may be situations where two consenting adults, already married, but are living together without taking divorce; or not earlier married though adults but not of marriageable age; or being of marriageable age though not married but living together in courtship before they decide to get married or simply want to be live in partners without marriage or any other likewise situation and appropriate laws exist for dealing with cases arising out of such defiance of the matrimonial or other relevant penal laws, as the case may be, and the law shall take its own course, which inter alia includes criminal prosecution, if there is any offence made out.

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

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Kritika