Life and Liberty of Every Individual Is Precious and Must Be Protected Irrespective of Individual Views: Punjab & Haryana High Court Upholds Rights of Individuals in Live-In Relationships
In a pivotal judgment, the Punjab and Haryana High Court has underscored the fundamental rights of individuals in live-in relationships, highlighting the constitutional mandate to protect life and liberty under any circumstances.
Legal Point: The ruling focused on the crucial issue of safeguarding the fundamental rights of individuals in non-marital relationships, emphasizing the constitutional protections afforded under Article 21.
Facts and Issues: Petitioners Diljot Kaur and another individual approached the Court under Article 226 of the Constitution, seeking protection due to perceived societal threats arising from their live-in relationship. The case posed important questions regarding societal norms and the extent of legal protections available to individuals in such relationships, particularly when the partners have previous marital commitments.
Court’s Assessment:
Legal Protection for Live-In Relationships: Referencing multiple precedents, the Court pointed out that personal choices in relationships must be protected by law. Justice Jasjit Singh Bedi noted, “The concept of live-in relationships has crept into our society from western nations…and is now gaining acceptance even in smaller towns and villages.”
Assessment of Threat Perception: The Court directed authorities to evaluate the threats against the petitioners and provide necessary protection, firmly stating that taking the law into one’s own hands is unacceptable.
Societal Evolution and Legal Stance: The judgment also discussed the evolving societal attitudes toward non-traditional relationships and the legal system’s role in adapting to these changes while protecting individual rights.
Protection Despite Legal and Social Challenges: The decision emphasized that the protection of life and liberty remains a priority, regardless of the relationship’s legal status or social acceptance.
Decision: The petition was resolved with directives to the state to assess the threat level to the petitioners and act accordingly to ensure their safety, reinforcing the constitutional responsibility to protect every individual’s rights.
Date of Decision: April 19, 2024
Diljot Kaur & Anr. vs. State of Punjab & Ors.
