Live -In – Relationship: Protection of life and liberty is a basic feature of the Constitution of India: P&H HC
In a groundbreaking judgment, the High Court of Punjab and Haryana affirmed the constitutional right to life and liberty for individuals in live-in relationships, setting a significant precedent in the realm of personal law and individual rights.
The case, titled Kiran Kaur and another vs. State of Punjab and others, was presided over by Hon’ble Mr. Justice Jasjit Singh Bedi. The court meticulously addressed the petition filed under Article 226 of the Constitution of India, seeking protection for the life and liberty of the petitioners, who are in a live-in relationship and facing threats from relatives.
Key Observations from the Court:
Constitutional Sanctity to Personal Choices: The court emphasized, “Every person, moreso, a major, has the right to live his/her life with a person of his/her choice subject to the law as applicable.” This assertion highlights the court’s recognition of personal autonomy in intimate relationships.
Legal Precedence on Live-in Relationships: Citing previous judgments, the court acknowledged the growing acceptance and legal validation of live-in relationships in India. Justice Bedi noted, “The concept of live-in-relationships has crept into our society from western nations…this shows that social acceptance for live-in-relationships is on the increase.”
Protection of Life and Liberty: The judgment focused on the importance of safeguarding the life and liberty of individuals, stating, “The protection of life and liberty is a basic feature of the Constitution of India.”
Non-Intrusion into Legality of Relationship: The court deliberately refrained from commenting on the legality of the relationship between the petitioners, underscoring that the immediate concern was their protection.
The court directed the police to assess the threat perception to the petitioners and take appropriate action in accordance with the law. This direction reflects a balanced approach, safeguarding the petitioners’ rights while not precluding legal action against them for any unlawful activities.
Date of Decision: 29.11.2023
Kiran Kaur and another VS State of Punjab and others
