Landmark Judgment Affirms Protection Under Article 21, Declares Freedom of Choice as Fundamental
In a significant ruling, the Allahabad High Court has reaffirmed the protection of live-in relationships, including those across religious lines, as a fundamental right under Article 21 of the Indian Constitution. The judgment, delivered by Justice Vivek Kumar Singh, addressed a series of petitions filed by couples in interfaith live-in relationships who faced threats to their life and liberty.
The court recognized the right of consenting adults to live with partners of their choice, irrespective of religious differences, emphasizing that such relationships are neither prohibited nor punishable by law. The ruling underscored that the choice to live together is intrinsic to personal liberty and dignity, protected under Article 21.
In response to the State's contention regarding the applicability of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, the court clarified that the Act does not apply to interfaith live-in relationships unless there is evidence of conversion by coercion, allurement, or fraud. The court further explained that compliance with Sections 8 and 9 of the Act is only necessary for religious conversion, not for living together.
The judgment cited several Supreme Court and High Court precedents affirming the legitimacy of live-in relationships and reiterated the principle that adults have the right to make personal choices without interference from the State or society. It also highlighted that the fundamental rights under Articles 14 and 15 ensure equal protection and prohibit discrimination based on religion, caste, or gender.
The ruling comes in the wake of multiple petitions where couples reported a lack of police protection against threats from their families and communities. The court directed the police authorities to ensure the safety of such couples and to act in accordance with the law to protect their life and liberty.
This judgment is seen as a reaffirmation of individual autonomy and the freedom of choice, reinforcing the constitutional protections afforded to all citizens regardless of their faith. It sets a precedent for safeguarding the rights of individuals in interfaith live-in relationships, thereby upholding the secular and liberal ethos of the Indian Constitution.
Bottom Line:
Right to live-in relationships, including interfaith relationships, is protected under Article 21 of the Constitution of India. The decision of an adult individual to live with a partner of their choice, irrespective of religion, is intrinsic to personal liberty and dignity.
Statutory provision(s):
- Article 21 of the Constitution of India
- Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 (Sections 3, 5, 8, and 9)
- Articles 14 and 15 of the Constitution of India
Noori v. State of U.P., (Allahabad) : Law Finder Doc id # 2857162
