Indian courts are increasingly becoming the last bastion of defense for couples fighting for their right to love across caste and religious boundaries, even as societal acceptance remains elusive. The recent Delhi High Court judgment in Aanchal v State represents the latest development in an emerging jurisprudence that effectively establishes a constitutional "right to love" for consenting adults.
The Judicial Framework for Love
The Delhi High Court's ruling earlier this month builds upon a solid foundation of landmark Supreme Court decisions that have progressively strengthened this right. The judicial journey began with Lata Singh v State of UP in 2006, gained momentum through Shafin Jahan v Asokan in 2018, and was further reinforced by the Shakti Vahini v Union of India and Navtej Singh Johar v Union of India judgments the same year.
These cases collectively affirm that consenting adults possess an absolute right to choose their life partners without interference from either the state or society. While the Aanchal case specifically involved an inter-caste couple facing threats from the woman's family, the court's reasoning extends protection to interfaith couples navigating administrative hurdles and same-sex couples still awaiting full legal recognition.
Ground Reality Versus Legal Protection
The judicial recognition of love relationships faces stark opposition in everyday social contexts. The Delhi High Court explicitly connected caste endogamy with systemic discrimination, highlighting the intense hostility directed at couples who dare to cross caste, religious, or gender boundaries.
Interfaith couples in states like Uttar Pradesh routinely face intrusive inquiries and even violence under anti-conversion laws often labeled as "love jihad" legislation. These laws treat their unions as inherently suspicious, creating significant barriers to their peaceful coexistence.
Similarly, same-sex couples continue to navigate a legal landscape that, despite the decriminalization of Section 377, lacks comprehensive protections for their relationships. The courts have been quietly constructing a framework where intimate personal choices are treated as an essential aspect of personal liberty under Article 21 of the Constitution.
Operationalizing Constitutional Safeguards
The Delhi High Court's directions to police in the Aanchal case demonstrate a practical approach to enforcing constitutional rights. The court mandated threat assessments, preventive measures, and immediate protection upon reports of harassment, showing increasing judicial willingness to translate abstract rights into enforceable protections.
These orders are not peripheral to constitutional promises but central to delivering the liberty guaranteed by Article 21. They become particularly crucial when the primary threat to a couple's autonomy comes not from state authorities but from their own families and communities.
The frequency of such petitions reaching courts reveals a disturbing contradiction in modern India. While courts articulate robust rights-based protections, the social and administrative environment remains deeply hostile to relationships that challenge traditional norms. That couples must seek judicial intervention simply to live without fear underscores the persistent control that caste, religious, and patriarchal structures exercise over intimate personal choices.
The judiciary's reliance on constitutional morality often clashes with entrenched social morality that prioritizes community approval over individual autonomy. Yet within this tension lies the transformative potential of this emerging jurisprudence. Courts are not merely settling interpersonal disputes but giving substantive meaning to Article 21's promise of a life with dignity.
While judicial protection alone cannot dismantle deep-rooted structures of caste and patriarchy, it provides the essential legal scaffolding that enables individuals to challenge them. The ongoing judicial defense of the right to love represents a crucial step toward realizing the constitutional vision of a more inclusive and dignified society for all Indians.
