Allahabad High Court Affirms Legality of Interfaith Live-In Relationships
In a landmark judgment, the Allahabad High Court has declared that interfaith live-in relationships are not prohibited or an offence under any existing law in India. The court made this ruling while allowing a petition filed by a couple from Sonbhadra, who sought protection from the woman's family due to threats against their relationship.
Court Emphasizes Fundamental Rights and Personal Liberty
The court, presided over by Justice Vivek Kumar Singh, emphasized that such relationships do not deprive individuals of their fundamental rights as Indian citizens. The judgment explicitly stated that no discrimination can be made based on caste, creed, sex, or religion when it comes to personal relationships.
"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," the High Court observed in its order dated March 18.
Constitutional Protection Under Article 21
The court reinforced that the right to live with a person of one's choice, irrespective of religion, is intrinsic to the right to life and personal liberty guaranteed under Article 21 of the Constitution. "Interference in a personal relationship would constitute a serious encroachment into the right to freedom of choice of the two individuals," the HC stated.
Furthermore, the judgment referenced Articles 14 (right to equality) and 15 (prohibition of discrimination) of the Constitution, along with relevant legal provisions, to assert that live-in relationships, including interfaith ones, are neither prohibited nor punishable under Indian law.
Case Background and Police Involvement
The petitioners, a couple in an interfaith live-in relationship, had approached the court fearing threats to their lives from the woman's family. They claimed to have sought help from the police previously, but no action was taken.
During the proceedings, the state government's counsel informed the court that both petitioners were adults and no First Information Report (FIR) had been registered regarding their living arrangement.
Court Directives for Protection and Investigation
The High Court granted the couple liberty to approach police authorities if any harm is caused by private respondents or their associates. It directed the police to:
- Examine the matter and verify the ages of the petitioners
- Investigate the allegations made by the couple
- Take necessary action to protect their life, limb, and liberty if required
The court underscored that constitutional courts are duty-bound to uphold the life and liberty of individuals, ensuring that the law is upheld in such personal matters.
This ruling sets a significant precedent for interfaith couples in live-in relationships, affirming their legal standing and right to protection under Indian law.
