Punjab and Haryana High Court Upholds Right to Life and Liberty for Live-in Couples

Court directs protection for petitioners in live-in relationship, reinforcing Article 21 of the Indian Constitution.

In a landmark decision, the Punjab and Haryana High Court, presided by Justice Jasjit Singh Bedi, has reinforced the fundamental rights enshrined in Article 21 of the Indian Constitution, granting protection to petitioners Banso and another, who are in a live-in relationship. The judgment, dated November 18, 2025, underscores the right to life and liberty, irrespective of the societal acceptance of such relationships.

The petitioners approached the court seeking protection from potential harm from relatives unhappy with their relationship. The court, referencing previous judgments, including Pardeep Singh v. State of Haryana, reiterated that the right to life and liberty includes the freedom to choose one's partner, whether through marriage or a live-in relationship. Justice Bedi emphasized that societal disapproval cannot impede the constitutional protections afforded to individuals.

The court noted that while live-in relationships might not be universally accepted, they do not constitute any legal offense. Therefore, individuals in such relationships are entitled to protection under the law, similar to married couples facing familial opposition. The judgment directs respondent No. 2 to assess the threat perception and take necessary actions to ensure the petitioners' safety.

Justice Bedi's ruling aligns with the Division Bench's decision in Ishrat Bano v. State of Punjab, where protection was granted regardless of the legality of the relationship or existing criminal proceedings. The judgment asserts that the constitutional right to life and liberty must be safeguarded, urging authorities to act accordingly when individuals face threats due to their personal choices.

This decision is pivotal in the evolving legal landscape surrounding personal relationships in India, highlighting the judiciary's role in upholding individual freedoms against societal and familial pressures.

Bottom Line:

Right to life and liberty under Article 21 of the Constitution of India is a basic feature that includes the right to live with a person of one's choice, subject to applicable laws. Protection of life and liberty shall be provided irrespective of the legality of relationships.

Statutory provision(s): Article 21 of the Constitution of India

Banso v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2811312