Interfaith live-in relation not an offence, says Allahabad high court

PRAYAGRAJ: Ruling that interfaith live-in relationships are not prohibited or an offence under any law, the Allahabad high court has allowed a petition filed by a couple seeking protection from the woman's family. The court said that such relationships do not deprive individuals of their fundamental rights as Indian citizens, emphasizing that no discrimination can be made based on caste, creed, sex or religion.

Passing the above directive, Justice Vivek Kumar Singh allowed a petition filed by a live-in couple from Sonbhadra. The petitioners had sought a direction against the woman's family not to interfere in their peaceful life.

According to the petitioners, they had decided to stay together in an interfaith live-in relationship, but feared a threat to life from the family of the woman. The couple said they had approached the police, but no heed was paid.

On the interfaith live-in relationship of the petitioners, the HC said, "This court does not see the petitioners of different religions as Hindu and Muslim, rather as two grown-up individuals who out of their own free will and choice are living together peacefully and happily for a considerable time. The courts and the constitutional courts are enjoined to uphold the life and liberty of an individual guaranteed under Article 21 of the Constitution. Right to live with a person of his/her choice, irrespective of religion professed by them, is intrinsic to the right to life and personal liberty."

"Interference in a personal relationship would constitute a serious encroachment into the right to freedom of choice of the two individuals," the HC said in its order dated Mar 18.

The state govt's counsel informed the court that both petitioners were major and no FIR had been registered in connection with their living together.

The court said that the petitioners are at liberty to approach the police authorities for redressal of their grievances in case any harm is caused by private respondents or their associates, and further directed the cops to examine the matter and their age. The court also directed the police to investigate the allegations made by the couple and take necessary action to protect their life, limb, and liberty if needed, ensuring the law is upheld.

"The apex court as well as this court had held that live-in relation is neither prohibited nor punishable under any law. Therefore, considering Articles 14 (right to equality), 15 (prohibits discrimination by the state on grounds of religion, race, caste, sex, or place of birth and 21 (right to life and personal liberty) of the Constitution of India and the Act, 2021, it cannot be said that live-in relationship of an interfaith couple is an offence," the HC said.