In a significant ruling, the Punjab and Haryana High Court has affirmed the rights of couples in live-in relationships, asserting that they are entitled to protection from threats by their relatives, even if the partners are not of marriageable age. This decision came in the case of Gurdeep Kaur and another v/s State of Punjab.
Justice Arun Monga, while ordering police protection for a couple where the male partner was 18 years old but not old enough to marry, emphasized that the right to life and personal liberty under Article 21 of the Constitution applies to the couple, irrespective of their marital status or age.
The Court stated that the fundamental right to seek protection of life and liberty, as enshrined in Article 21 of the Constitution, must be upheld. This right stands on a higher pedestal, regardless of the validity of a marriage or the absence of any marriage between the parties.
The Court emphasized that the State has a duty to protect the life and liberty of every citizen, and the right to human life is paramount, whether the individuals are minors or adults.
The case involved a 21-year-old woman and an 18-year-old man who sought to marry each other once the man reached the marriageable age. They approached their parents with this proposal, but the woman’s parents opposed the union and attempted to force her into marrying another man from her community.
The couple had been living together for a short period when they faced threats from their family members. They approached the police for protection, which was initially denied, leading them to seek relief from the High Court.
The High Court has now ordered the police to verify the couple’s details and investigate the alleged threats against them, granting them protection. This decision aligns with a 2021 High Court ruling that emphasized the importance of providing protection to couples in live-in relationships.
Advocate Lakhwinder Singh Lakhanpal represented the couple, while Additional Advocate General Dhruv Dayal appeared for the Punjab government.
