Personal Life, Liberty Has To Be Protected Irrespective Of The Fact That Relation Between Two Major Individuals May Be Termed As Immoral: Rajasthan HC Reiterates

The Rajasthan High Court has reiterated that personal life and liberty under Art. 21 has to be protected irrespective of the fact that relationship between two major individuals may be termed as immoral and unsocial. 

A single judge bench comprising of Justice Satish Kumar Sharma also observed that under Sec. 29 of the Rajasthan Police Act, 2007 every police officer in the State is duty bound to protect the life and liberty of the citizens.

"...personal life and liberty has to be protected, except according to procedure established by law as mandated under Article 21 of the Constitution of India, irrespective of the fact that the relation between two major individuals may be termed as immoral and unsocial." The bench observed.

"Further, as per Section 29 of the Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens." The bench observed further.

The observation came in the plea filed by a couple, Ajay Kumar Berwa and Samreen, living in a live-in relationship seeking police protection in view of the threats being faced by them.

Relying on the landmark judgments on the subject including Lata Singh v. State of UP AIR 2006 SC 2522 and S. Khushboo v. Kanniammal (2010) 5 SCC 600, the bench ordered thus:

"Therefore, having regard to the above submissions but without expressing any opinion on the genuineness or correctness of the allegations made by the petitioners, this petition is disposed of with the direction that learned counsel for the petitioners shall send a copy of the petition along with its annexures to the Station House Officer of concerned Police Station through e-mail, and on receipt of the same, the Station House Officer concerned shall treat it as a complaint and after due enquiry, he shall take necessary preventive measures and other steps to ensure safety and security of the petitioners in accordance with law."

Recently, Punjab & Haryana High Court observed that a live-in relationship may not be acceptable to all, but it cannot be said that such a relationship is an illegal one or that living together without the sanctity of marriage constitutes an offence.

In another ruling, the Punjab & Haryana High Court observed that an individual has the right to formalize the relationship with the partner through marriage or to adopt the non-formal approach of a live-in relationship.

Title: Ajay Kumar Berwa & Anr. v. State of Rajasthan & Ors.

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