Allahabad HC gives relief to 12 women

LUCKNOW: The Allahabad High Court has granted protection to 12 women who are in live-in relationships, observing that such relationships cannot be termed illegal and that living together without marriage does not amount to an offence.Hearing a batch of 12 petitions, a single-judge Bench comprising Justice Vivek Kumar Singh directed the police chiefs of the concerned districts to provide immediate protection to the petitioners if anyone attempted to harass them or disturb their peaceful living. The order was passed on Wednesday.The petitioners had approached the court, stating that they were facing threats to their lives due to their live-in relationships. They claimed they had sought help from local police authorities, but no action was taken. In all the writ petitions, which were clubbed together, the petitioners sought directions to the police to protect them from family members, relatives or associates who might cause harm.In its order, the court said the controversy involved in all the petitions was similar and was therefore being decided through a common order. The Bench observed that while the concept of live-in relationships may not be acceptable to all sections of society, it could not be said that such relationships were illegal or that cohabitation without marriage constituted an offence.“…Live-in relationships are still facing social stigma and moral debate, especially, regarding traditional values, children, differing religious/cultural perspectives. For some, it is immoral while others see it as a valid choice for compatibility,” the court observed.Referring to statutory protections, the court noted, “Even under the Protection of Women from Domestic Violence Act, 2005, a woman who is in a domestic relationship has been provided protection, maintenance etc. The word ‘wife’ has not been used under the said Act. Once an individual, who is a major, has chosen his/her partner, it is not for any other person, be it a family member, to object and cause a hindrance to their peaceful existence.”The court emphasised that it was the bounden duty of the state to protect the life and liberty of every citizen. “Mere fact that the petitioners had not solemnised marriage would not deprive them of their fundamental right as envisaged in the Constitution of India being citizens of India,” it said, adding that it was not for the courts to judge adults who chose to live together without marriage.“If the petitioners… had not committed any offence, this court saw no reason as to why their prayer for grant of protection could not be acceded to,” the order said. “Therefore, with due respect to the judgments rendered by the co-ordinate benches, who have denied protection to couples, who were in a live-in relationship, this court is unable to adopt the same view.”“Having regard to the facts and circumstances of the case, this court is of the view that the petitioners are at liberty to live together peacefully and no person shall be permitted to interfere in their peaceful living,” the Bench ruled.On the question of police protection, the court directed that if any disturbance was caused, “the petitioners shall approach the Commissioner of Police/SSP/SP concerned with a certified copy of this order… the police officer, after being satisfied that the petitioners are majors and willingly living together, will provide immediate protection…”The court further said, “If the petitioners are educated and they produce educational certificates and other certificates admissible under law, from which it is evident that they have attained majority… then no police officer shall take any coercive action against them unless an FIR is registered against them in respect of any offence whatsoever…”“… If they do not have any documentary proof regarding age and they come from rural background and or are illiterate/semi-literate, the police officer can subject such boy or girl to ossification test to verify their correct age and… follow other procedures permissible under the law,” the order added.



Source link