Relevance: GS-II (Polity – Fundamental Rights, Judiciary)
Source: Indian Express ; Allahabad High Court; Supreme Court jurisprudence

News

The Allahabad High Court ruled that live-in relationships between consenting adults are not illegal and directed the State to provide police protection where such couples face threats. The Court reiterated that unmarried status cannot be grounds to deny constitutional protection.

Key Legal and Constitutional Provisions Involved

  • Article 21: Right to life includes personal liberty, dignity, privacy and choice.
  • Article 14: Equality before law — protection cannot be denied based on marital status.
  • Article 19(1)(a) (judicially expanded): Freedom of expression includes choice of partner.
  • Supreme Court precedents (e.g., Lata Singh, Navtej Singh Johar, Puttaswamy):
    • Consensual adult relationships are protected from State and societal interference.

The Court clarified that social morality cannot override constitutional morality.

Other Legal Clarifications

  • Live-in relationships are not governed by personal or religious laws.
  • Children born from such relationships are protected under Article 39(f) and statutory law.
  • The State has a positive duty to ensure safety, not merely refrain from interference.

Significance

The judgment reinforces constitutional morality, individual autonomy and State accountability, aligning High Court reasoning with settled Supreme Court jurisprudence.

UPSC Value Box

Key Concepts:

  • Constitutional Morality: Supremacy of constitutional values over social norms.
  • Live-in Relationship: A consensual cohabitation arrangement between adults, not a criminal offence.

Institution / Law:

  • High Courts (Article 226): Power to protect fundamental rights.
  • Article 21: Source of protection for autonomy and personal choice.

Q. With reference to live-in relationships in India, consider the following statements:

  1. Denial of police protection to live-in couples solely on moral grounds violates Article 21.
  2. Live-in relationships are governed by personal laws.
  3. Constitutional morality has been upheld over social morality by Indian courts.

Which of the statements are correct?
A. 1 and 3 only
B. 1 only
C. 2 and 3 only
D. All three

Answer: A

Share This Story, Choose Your Platform!

Recent Posts

Start Yours at Ajmal IAS – with Mentorship StrategyDisciplineClarityResults that Drives Success

Your dream deserves this moment — begin it here.