Context:
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The Allahabad High Court reaffirmed the constitutional protection of personal liberty and individual autonomy by directing police to protect 12 women in live-in relationships.
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The ruling comes amid rising concerns over state and societal intrusion into personal choices, especially in cases involving inter-faith and inter-caste couples.
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The judgment emphasizes that adult relationships based on consent cannot be restricted by majoritarian morality or social conservatism.
Key Highlights:
Court’s Stand on Live-in Relationships
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The High Court clearly stated that live-in relationships are not illegal.
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Such relationships do not amount to an offense under Indian law.
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The Court rejected arguments that they weaken or corrode the so-called “social fabric.”
Protection of Individual Liberty
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The Court directed police authorities to ensure protection, reinforcing that:
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Adults are rights-bearing citizens
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Personal relationships fall within the domain of constitutional freedoms
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Autonomy vs Social Norms
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The judgment prioritizes:
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Individual choice
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Evolving social realities
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Constitutional morality
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It pushes back against attempts to impose traditional or majoritarian social values through law enforcement.
Concerns About State Intrusion
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The ruling is significant in the context of increasing regulation of personal relations, such as:
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Uttarakhand’s move towards a Uniform Civil Code (UCC)
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Surveillance and interference in inter-faith partnerships
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Inter-faith Live-in Relationships and Legal Misuse
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The Court highlighted uneven outcomes under the UP Prohibition of Unlawful Conversion of Religion Act, 2021, which has sometimes been invoked in inter-faith relationships.
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This raises concerns about misuse of laws to police intimacy and personal choice.
Societal Hostility Towards Couples
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Across India, couples face hostility due to:
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Caste-based orthodoxy
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Religious conservatism
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Class prejudices
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Inter-caste and inter-faith relationships often attract violence, social boycott, or harassment.
Relevant Prelims Points:
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Live-in Relationship: Cohabitation of unmarried individuals in a domestic partnership.
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Personal Liberty (Article 21): Right to live with dignity and make personal choices free from coercion.
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Uniform Civil Code (Article 44): Directive Principle advocating common personal laws for all citizens.
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Constitutional Morality: Governance based on constitutional values rather than social majoritarian norms.
Government and Social Context
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Rising debates over regulation of relationships through conversion laws and UCC provisions.
Benefits + Challenges
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Benefit: Strengthens individual freedom and gender protection.
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Challenge: Continued societal resistance rooted in patriarchy and communal politics.
Impact
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Reinforces judiciary’s role as protector of fundamental rights against moral policing.
Relevant Mains Points:
Constitutional and Ethical Significance
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The judgment reflects the core constitutional principle that:
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Adults have the right to choose their partner
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State cannot interfere unless there is coercion or illegality
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Supreme Court Precedents Supporting Partner Choice
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Lata Singh vs State of UP (2006): Protection for inter-caste couples from harassment.
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S. Khushboo vs Kanniammal (2010): Live-in relationships not an offense.
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Shafin Jahan vs Asokan (2018): Right to marry and choose partner is part of Article 21.
Indian Society and Social Realities
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Despite legal safeguards, caste and religious structures continue to police intimacy.
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Honour-based violence and moral policing remain challenges.
Way Forward
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Stronger police accountability in protecting couples.
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Awareness campaigns promoting constitutional values.
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Ensuring personal laws and criminal statutes are not misused for harassment.
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Balancing reform with respect for privacy and dignity.
UPSC Relevance (GS-wise):
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GS 1: Social change, patriarchy, caste and religious norms
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GS 2: Fundamental rights, Article 21, judiciary as rights protector
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Ethics: Autonomy, dignity, constitutional morality vs social morality