Need To Look At Live-In Relations From The Lens Of Personal Autonomy Rather Than Notions Of Social Morality: Allahabad HC

The Allahabad High Court on Tuesday observed that live-in relationships are required to be viewed from the lens of personal autonomy rather than the notions of social morality

The Bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava observed thus while dealing with two protection pleas filed by interfaith live-in couples.

This assertion by the court came while dealing with two pleas filed by Shayara Khatun and her partner (both major in live-in-relationship with each other since last more than two years) and Zeenat Parveen and her partner (both major and in a live-in relationship since last 1 year) 

Both the interfaith couple, in their pela alleged that the father of the Girl (Muslim by religion) is interfering in the day-to-day life of the petitioners.

It was also stated that they approached the concerned police authorities, but the police authorities did not extend any help and consequently, they claimed that their life and liberty is undermined.

In view of this, the Court at the outset underscored that the right to life enshrined under Article 21 of the Constitution of India is liable to be protected at all costs and further went on to observe thus:

"Live-in-relationships have become part and parcel of life and stand approved by the Hon'ble Apex Court. The live-in relationship is required to be viewed from the lens of personal autonomy arising out of the right to live guaranteed under Article 21 of the Constitution of India, rather than, notions of social morality."

In such a view of the matter, the Court opined that the police authorities are obligated to protect the rights of the petitioners.

Therefore, the Court ordered that in the event, the petitioners approach the police authorities complaining of any threat to their life and liberty, the police authorities shall perform their duties as expected from them under law. 

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