Time To Shift Perspective From 'Didactics' Of Orthodox Society: P&H High Court Orders Police Protection For A Live In Couple

While granting police protection to a live-in relationship couple, the Punjab and Haryana High Court last week observed that there is a need to shift perspective from didactics of the orthodox society, shackled with the strong strings of morality supported by religions to one that values an individual's life above all.

The Bench of Justice Anoop Chitkara observed thus while hearing a protection plea filed by one Jai Nrain and his Live-In Partner, a married woman, who had moved the Court fearing for their lives and liberty at the hands of the private respondents.

Before the Court, the petitioners submitted that the petitioners are facing grave danger from the private respondents and therefore, they prayed that their lives be protected even though petitioner No. 2 is married to respondent No. 4.

At the outset, while stressing that we are governed by the rule of law and follow the Constitutional dharma, the Court further remarked thus, 

"The times are changing fast, even in those lands that were left behind and stuck with the old ethos and conservative social milieu...In the ever-evolving society, evolving the law with it, the time is to shift perspective from didactics of the orthodox society, shackled with the strong strings of morality supported by religions to one that values an individual's life above all. Every person in the territory of India has an inherent and indefeasible fundamental right to life flowing from Article 21 of India's constitution and the State is duty-bound to protect life." [Emphasis supplied]

Having observed thus, the Court noted that if the allegations of apprehension of threat to their lives turn out to be true, it might lead to an irreversible loss and therefore, the Court ordered police protection for them.

However, the Court did underscore that it was not adjudicating on the validity of petitioners' marriage or her decision of cohabiting with petitioner No. 1 but adhering to its fundamental duty of guarding their lives.

The Court ordered the Superintendent of Police, SHO, or any officer to whom such powers have been delegated or have been authorized in this regard, to provide appropriate protection to the petitioners for one week, however, the Court did add thus:

"...if the petitioners no longer require the protection, then at their request it may be discontinued even before the expiry of one week. After that, the concerned officers shall extend the protection on day-to-day analysis of the ground realities or upon the oral or written request of the petitioners."

Importantly, Court's protection order is subject to the stringent condition that from the time such protection is given, the petitioners shall not go outside the boundaries of the place of their residence, except for medical necessities, to buy household necessities, and for bereavements in the families of the persons who are close to them so that, the Court added, they could be saved from apprehended risk.

Case title - Jai Nrain and another v. State of Punjab and others

Case Citation: 2022 LiveLaw (PH) 32

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