In a significant order reinforcing individual freedoms, the Punjab and Haryana High Court has directed the Bathinda police to consider a representation from a live-in couple seeking protection and to act based on their assessment of any threat to the pair. The court underscored that the right to live with a person of one's choice is a fundamental aspect of the right to life and liberty guaranteed by the Constitution.
Court's Directive on Protection of Life and Liberty
The bench of Justice Rupinderjit Chahal passed the order on December 22, 2025, while hearing a petition filed by the couple under Article 226 of the Constitution. The couple had approached the court seeking directions to the police to safeguard their life and liberty from potential harm by family members.
Justice Chahal observed that protection of life and liberty is a basic feature of the constitution. "Every person, more so, a major, has right to live his/her life with a person of his/ her choice subject to the laws as applicable," the judge stated. The court, therefore, directed the Senior Superintendent of Police (SSP), Bathinda, to consider the couple's plea, evaluate the threat perception, and take appropriate legal action.
Details of the Couple's Plea and Legal Precedents
The petition revealed that the couple was in a live-in relationship. The woman was already married, but no child was born from that wedlock, while the male partner was reportedly not of marriageable age. They had previously submitted a representation to the Bathinda SSP pleading for security, which prompted them to seek the high court's intervention.
The court relied on established legal precedents to bolster its decision. It cited a judgment from a coordinate bench which held that a couple is entitled to protection of life and liberty even if they are in a "live-in relationship." Furthermore, the court referred to a division bench ruling that granted protection to a couple without delving into the legality of their relationship, emphasizing that the paramount consideration is the protection of life and liberty, even when a criminal case is registered against the parties.
The court noted a crucial principle: whenever it is prima facie satisfied that relatives or others opposed to a relationship could endanger a couple, the courts must issue directions for their protection.
Why the High Court is the Preferred Forum
In related insights, The Indian Express spoke to advocate Utkarsh Singh, who specializes in such cases. He clarified the appropriate legal avenue for couples seeking similar protection. Singh explained that if a live-in couple intends to marry and seeks protection from societal pressure, the high court is the best forum.
"If they say that they are living together and they are seeking an order of protection against society, and they have an intent to marry, then the high court is the best possible forum to go and seek protection," Singh stated. This highlights the high court's role as a guardian of fundamental rights in matters of personal liberty and choice.
The order from the Punjab and Haryana High Court serves as a powerful reminder of the judiciary's role in upholding personal autonomy. It mandates state authorities to prioritize the safety and constitutional rights of individuals over social conventions, ensuring that the right to choose one's partner is defended under the law.
