Interfaith Live-in Relationship Not Illegal: Allahabad High Court Upholds Right to Life and Liberty of Adult Couple
Allahabad High Court Protects Interfaith Live-in Couple, Reaffirms Constitutional Freedom of Choice
By Rajesh Pandey
In a significant ruling reinforcing the constitutional rights of consenting adults, the Allahabad High Court has observed that an interfaith live-in relationship is neither prohibited nor punishable under any law in India.
The Court observed while allowing a petition filed by Kajal Prajapati and her Muslim live-in partner from Sonbhadra, who had approached the court seeking protection from alleged interference by the woman’s family members.
The couple had expressed apprehension of a threat to their life and liberty due to their decision to live together despite belonging to different religions.
Delivering the order dated March 18, Justice Vivek Kumar Singh stated that the mere fact that two adults are in an interfaith live-in relationship cannot deprive them of their fundamental rights guaranteed under the Constitution of India.
The Court emphasised that discrimination cannot be made based on caste, creed, sex, or religion when it comes to the protection of personal liberty.
Right to Choose a Partner is Integral to Article 21
The Court underlined that the right to live with a person of one’s choice, irrespective of religion, is intrinsic to the fundamental right to life and personal liberty under Article 21 of the Constitution.
It further noted that constitutional courts are duty-bound to safeguard individual autonomy and freedom of choice.
Referring to constitutional guarantees under Articles 14, 15, and 21, the Court observed that equality before law, prohibition of discrimination on religious grounds, and protection of life and personal liberty collectively ensure that adult individuals are free to decide the course of their personal relationships.
The Court reiterated that live-in relationships between consenting adults have been recognised in several judicial precedents and are not considered illegal.
Therefore, the interfaith nature of the relationship cannot be treated as an offence or a ground to deny legal protection.
Police Directed to Ensure Protection if Required
According to the petitioners, they had earlier approached the local police authorities seeking protection, but no action was taken.
The State government’s counsel informed the Court that both individuals were major and no FIR had been registered in connection with their living together.
While disposing of the petition, the Court granted liberty to the couple to approach the police authorities if any threat or harm is caused by the private respondents or their associates.
It directed the concerned police officials to examine the allegations and verify the age of the petitioners.
The Court further stated that if the authorities find substance in the allegations, appropriate action must be taken in accordance with the law to ensure protection of the couple’s life, liberty, and security.
Court Emphasises Individual Identity Over Religious Differences
Highlighting the importance of personal autonomy, the Court observed that it does not view the couple through the lens of religion, but as two consenting adults exercising their free will to live together peacefully.
The judgment stressed that interference in a personal relationship between adults would amount to a serious encroachment upon their right to freedom of choice.
The Court reaffirmed that individual liberty cannot be curtailed merely because the relationship does not conform to societal expectations or religious considerations.
The ruling once again reinforces the principle that personal relationships between consenting adults fall within the domain of individual freedom, which is protected by the Constitution of India.
