Court affirms fundamental rights of consenting adults, directs police to ensure safety amidst family threats
In a landmark judgment, the Delhi High Court has reaffirmed the rights of consenting adults to engage in live-in relationships, emphasizing their protection under Articles 19 and 21 of the Indian Constitution. The case, titled Uma Bharti v. Government of NCT of Delhi, was decided on August 13, 2026, by Justice Saurabh Banerjee. The petitioners, Uma Bharti and her partner, approached the court seeking protection from threats posed by Bharti’s family members who opposed their live-in relationship.
The court highlighted the fundamental rights of individuals to choose their partners and live together without interference from societal norms or family pressures. Justice Banerjee underscored that such relationships, although not legally recognized as marriages, are akin to matrimonial alliances due to the mutual consent and commitment involved. The judgment drew on precedents from the Supreme Court, including the notable cases of Nandakumar v. State of Kerala and Shafin Jahan v. Asokan K.M., which have recognized the sanctity of live-in relationships among consenting adults.
The court noted that the petitioners, who have been in a relationship since 2014, faced threats from Bharti’s father and brother, leading to fears for their safety. Despite lodging a complaint with the local police, no action was taken, prompting them to seek judicial intervention. The court, invoking Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, directed the police to provide necessary protection to the couple. It ordered that the couple should have access to police assistance whenever required, ensuring their right to life and liberty remains unharmed.
The judgment also emphasized that societal morals and prejudices should not infringe upon the constitutional freedoms guaranteed to individuals. The court's decision is seen as a significant step in upholding individual rights and acknowledging the evolving dynamics of personal relationships in contemporary society.
Bottom Line :
Live-in relationships between consenting adults are protected under Articles 19 and 21 of the Constitution of India, guaranteeing fundamental rights to freedom, life, and liberty. Threats or interference by family members or societal norms are impermissible.
Statutory provision(s): Articles 19, 21, and 226 of the Constitution of India, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Uma Bharti v. Government of NCT of Delhi, (Delhi) : Law Finder Doc id # 2962547
