The Allahabad High Court has said that live-in relationships have become a part of life and need to be viewed from the perspective of personal autonomy, much more than that of social morality.
The Division Bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava passed this order while hearing a petition filed by Shayara Khatun @ Shaira Khatun And Another from Kushinagar.
In this petition, the writ petitioners, who are both major and of different faiths, are stated to be in a live-in-relationship with each other since last more than two years. The petitioners alleged that the respondent no. 4, who is the father of the woman, is interfering in the day-to-today life of the petitioners.
The counsel for the petitioners submitted that they have approached the police concerned authorities, but the police are not extending any help and consequently, the life and liberty of the petitioners is undermined.
“Live-in relationships have become part and parcel of life and stand approved by the Apex Court. The live-in relationship is required to be viewed from the lens of personal autonomy arising out of the right to live guaranteed under Article 21 of the Constitution of India, rather than, notions of social morality.
The right to life enshrined under Article 21 of the Constitution of India is liable to be protected at all costs”, the Court observed.
In such a view of the matter, the court opined that police authorities are obligated to protect the rights of the petitioners.
“In the event, the petitioners approach the police authorities complaining of any threat to their life and liberty, we hope and trust that the police authorities shall perform their duties as expected from them under law. The writ petition is disposed of in terms of the above observations,” the order reads.