Court Ensures Protection Against Honour Killing Threats; Stresses Police Duty to Safeguard Fundamental Rights
In a landmark judgment, the Allahabad High Court has fortified the rights of adults in live-in relationships, affirming the separation of morality from legal obligations. The Division Bench comprising Justices J.J. Munir and Tarun Saxena delivered the judgment on March 25, 2026, in the case of Anamika v. State of U.P., addressing the complex interplay between social norms and individual freedoms.
The petitioners, Anamika and Netrapal, sought protection against threats of honour killing posed by Anamika's family due to her consensual live-in relationship with Netrapal. Despite Netrapal being a married man, the court held that the relationship did not constitute an offense under Section 87 of the Bharatiya Nyaya Sanhita, 2023, as it was consensual and involved two adults. The court emphasized that social opinions and moral judgments should not influence legal decisions aimed at safeguarding citizen rights.
Drawing attention to the Supreme Court's precedent in Shakti Vahini v. Union of India, the court reiterated the duty of police to ensure the safety and security of individuals facing threats related to their personal choices. The judgment directed the Superintendent of Police, Shahjahanpur, to actively protect the petitioners, reflecting the judiciary's commitment to upholding fundamental rights amidst societal pressures.
The court granted interim relief by staying the arrest of the petitioners and issued restraining orders against the family members of Anamika, prohibiting any harm or contact through direct or electronic means. Moreover, the Registrar was instructed to ensure compliance with the protection orders within 24 hours, underscoring the urgency and seriousness of the situation.
This judgment marks a significant step in reinforcing the legal framework protecting individual autonomy against the backdrop of societal expectations. By prioritizing the rights and safety of individuals in non-traditional relationships, the court has set a precedent for separating personal morality from legal duties, thereby safeguarding the fundamental rights guaranteed under the Indian Constitution.
Bottom Line:
Protection of rights of adults in live-in relationships and duty of police to ensure safety against threats such as honour killing.
Statutory provision(s):
Section 87 of the Bharatiya Nyaya Sanhita, 2023
Anamika v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2873279
