Rajasthan HC Upholds Right to Life, Grants Protection to Couple Facing Family Threats
Rajasthan HC Protects Couple from Family Death Threats

The Rajasthan High Court has intervened decisively in a case involving a young couple who faced severe threats to their lives after marrying against their family's wishes. The court's ruling underscores the inviolable nature of fundamental rights under the Indian Constitution, particularly the right to life and personal liberty.

Court's Firm Stand on Constitutional Rights

During the hearing, Justice Farjand Ali of the Rajasthan High Court emphasized that the right to life and personal liberty is a fundamental right guaranteed to every individual under the Constitution. The court observed that this right cannot be compromised under any circumstances. Justice Ali stated, "No person can be deprived of his or her life or personal liberty except in accordance with the procedure established by law." This principle was central to the court's decision to grant protection to the couple.

Details of the Couple's Plea

The couple had filed a plea alleging that they married recently and began living together, but faced immediate backlash from their family members. They claimed to be targeted for going against their family's wishes and reported a "threat to their lives and personal liberty." The court took these allegations seriously, noting that any apprehension relating to life and liberty deserves examination by competent authorities.

Court's Directives for Protection

After examining the facts, the court allowed the petition and issued specific directives. The couple was instructed to appear before the concerned superintendent of police within 10 days and submit a representation detailing the individuals from whom they apprehend threat or harm. The superintendent of police is then required to:

  • Afford an opportunity of hearing to the petitioners
  • If necessary, hear the concerned private respondents
  • Examine the grievance and deliberate over the issue
  • Calibrate the threat perception
  • Pass appropriate orders to ensure no harm is caused to the petitioners

The court stressed that police authorities are duty-bound to maintain law and order and prevent anyone from taking the law into their own hands.

Clarifications on Legal Aspects

Justice Ali clarified that the court did not record any definitive findings regarding the legitimacy of the couple's relationship, the validity of their marriage, or the genuineness of their documents. These aspects remain open for enquiry and investigation by competent authorities. The order also stated that any observations made in this case would not affect pending or future civil or criminal proceedings.

Legal Context and Expert Insights

This case highlights the broader legal challenges faced by couples in similar situations. According to legal experts, high courts often serve as the best forum for runaway couples seeking protection, especially if they intend to marry. The landmark verdict in Shakti Vahini v. Union of India has led to the creation of special cells in every district to protect such couples, shifting the forum from high courts to these specialized units headed by senior police officers.

The Rajasthan High Court's ruling reinforces the constitutional safeguards available to individuals exercising their personal choices, even in the face of familial opposition. It sends a clear message that threats to life and liberty will not be tolerated, and the state machinery must act to uphold these fundamental rights.