Live-in relationships: Rajasthan High Court says public morality cannot overshadow Constitution, cites Ajmal Kasab’s example

By: |
September 23, 2021 1:35 PM

The judgement came after the couple in question approached the court seeking protection alleging threat to their life.

The court also highlighted in its judgement how Maharashtra went above and beyond to protect terrorist Ajmal Kasab simply because India is a country where rule of law is supreme.

The Rajasthan High Court has ruled that public morality cannot come in the way of protecting couples who are in live-in relationships, even if one of the partners is married to another person. Taking a stern stance in support of the right to life, the HC said that when a convicted criminal can have the right to life and liberty under Article 21 of the Constitution, it cannot be refused to those in legal or illegal relationships.

On the question of whether a live-in couple is entitled to protection under Article 21, the court said it is clear that there is a Constitutional mandate to give protection. “Public morality cannot be allowed to overshadow the constitutional morality, particularly when the legal tenability of the right to protection is paramount,” Bar and Bench reported, quoting the judgment.

The court also highlighted in its judgement how Maharashtra went above and beyond to protect terrorist Ajmal Kasab simply because India is a country where rule of law is supreme.

The court noted that moral policing cannot be allowed to dictate terms or actions by the state. The judgement also said that it’s not within the court’s domain to intrude upon an individual’s privacy.
Noting that the HC is firmly tied down to the principle of individual autonomy, the court said that societal expectations in a vibrant democracy cannot be allowed to hamper individual autonomy.

“This Court fully values the principle that at all junctures constitutional morality has to have an overriding impact upon societal morality. This Court cannot sit back and watch the transgression or dereliction in the sphere of fundamental rights, which are basic human rights,” said the judgement.

The judgement came after the couple in question approached the court seeking protection alleging threat to their life.

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