No Citizen Can Be Permitted To Take Law In His Own Hands In A Country Governed By Rule Of Law: Punjab & Haryana High Court Upholds Protection For Minor Live-In-Relationship Couples
In a significant ruling reinforcing the right to protection of life and liberty, the Punjab and Haryana High Court today directed the police to assess and respond to threats faced by a couple in a live-in relationship. Justice Harkesh Manuja, presiding over the case, emphasized that the personal choice of the couple must be protected under the law regardless of societal norms.
Legal Point and Background:
The petitioners, currently in a live-in relationship, approached the High Court under Article 226 of the Constitution seeking protection against ongoing threats from private individuals. The case primarily dealt with the interpretation of the right to life and personal liberty in the context of a non-traditional relationship arrangement.
Facts and Issues:
Petitioner No. 1 is of legal age while Petitioner No. 2 is a minor, aged 17 years and 9 months, involved consensually in the relationship. They have faced persistent threats from certain private individuals, compelling them to seek judicial intervention for their safety. Their previous representations to the police did not yield any action, leading them to file the writ petition.
Court’s Detailed Assessment:
Nature of the Relationship: The court recognized the relationship as consensual, emphasizing that “the personal choice of two individuals must be respected” irrespective of their unmarried status.
Precedent and Protection: Justice Manuja referred to similar cases, notably ‘Shilpa and another Vs. State of Punjab’ and ‘Pardeep Singh and another Vs. State of Haryana’, to underline the judiciary’s stance on protecting individuals in live-in relationships akin to married couples from familial and societal threats.
Constitutional Guarantees: The judgment highlighted that the Constitution protects the rights of individuals to make personal choices about their lives. The court stated, “The couple fears for their safety from relatives in both situations and not from society. They are thus, entitled to the same relief.”
Police Response Required: The direction to the Senior Superintendent of Police, Hoshiarpur, was to objectively assess the threat against the petitioners and take necessary action, without delving into the legitimacy or morality of the relationship.
Decision: The court disposed of the petition by ordering the police to act on the petitioners’ complaint, ensuring their safety and upholding their constitutional rights to life and liberty.
Date of Decision: April 20, 2024
Jograj Singh and Another vs. State of Punjab and Others
