‘Live-in is not a crime, cannot be washed away from state security’, Allahabad High Court

Raising questions on the attitude of society and administration regarding live-in relationships. Allahabad High Court has given a big and clear decision in favor of women. The court said that it is not against the law for two adults to live in a live-in relationship. In such a situation, if a woman is in any kind of danger, then it is the responsibility of the state to ensure her safety, and not to give up in the name of morality.

What is the decision of the High Court?

Allahabad High Court, during the hearing of a petition, clarified that live-in relationship in itself is not a crime. If an adult woman is living with someone of her own free will, then she cannot be deprived of legal protection. Police and administration cannot escape responsibility by saying that the relationship is not socially acceptable. The court said that Article 21 of the Constitution gives every citizen the right to life and personal liberty, even if his personal life is different from the thinking of the society.

Why said live-in is not illegal?

The High Court said in its order that the law gives any adult the right to choose the way to live his life. The Supreme Court has already made it clear that live-in relationship is not a crime. Morality and law cannot be kept equal to each other. The court accepted that even if a section of the society does not accept live-in, the job of the law is not to impose morality but to protect rights.

What is the whole matter?

Actually, this case was related to a woman who was living in a live-in relationship with her partner and she feared threat and danger from family or social elements. The woman had filed a petition in the court demanding protection. At the lower level, the administration was reluctant to provide security citing the nature of the relationship, on which the High Court made a strong comment and reminded the state of its responsibility.

Considering the 12 women who had sought protection from the court, the court accepted that their lives were in danger. After this, the High Court ordered the police that if anyone disturbs their peaceful life then they should be given immediate protection.

What instructions to the state and police?

Allahabad High Court made it clear that the police will not see whether the relationship is socially acceptable or not. If there is apprehension of danger, immediate security should be provided. No woman can be left unsafe just because she is living in a live-in relationship. A single bench of Justice Vivek Kumar Singh said, “The concept of live-in relationship may not be acceptable to everyone, but it cannot be said that such a relationship is illegal or living together without the sanctity of marriage is a crime.”

Why is this decision important?

This decision of the High Court provides legal strength to the freedom and security of women. Ban on moral policing of police and administration. Clear legal confusion regarding live-in relationship. Protection of personal freedom within the scope of the Constitution.

Hearing 12 petitions filed by women living in live-in relationships, who had sought protection fearing threat to their lives, the High Court ordered the police chiefs of the respective districts to provide them immediate protection if anyone disturbs their peaceful lives. Hearing 12 petitions filed by women living in live-in relationships, who sought protection fearing danger to their lives, the High Court ordered the police chiefs of the concerned districts. That if someone disturbs their peaceful life then they should be given immediate protection.

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