The Allahabad High Court on Friday observed that a direct relationship between a married man is not a crime, saying social morality cannot override the court’s duty to protect the rights of citizens.
Division Bench of Justice JJ Munir and Justice Tarun Saxena were hearing a plea seeking protection for the couple living in the house and facing threats from the woman’s family, according to the Bar and Bench report.
The report quoted the bench as saying: “There is no such crime in which a married man, in a live-in relationship with an adult, with the consent of the other person, can be tried for any crime, whatsoever. Morality and law must be separated. If there is no crime under the prescribed law, social views and morality will not guide the work of the court to protect the rights of citizens.”
The Supreme Court said that the woman who is allegedly facing threats from the family has already submitted an application to the Superintendent of Police of Shahjahanpur in Uttar Pradesh, stating that she is an adult and of her own free will remains with the man in a live-in relationship.
She added that her parents and other family members who oppose their relationship have issued death threats, raising fears of honor killings.
The court was quoted as saying: “Apparently, no action has been taken on this complaint by the Superintendent of Police. It is the duty of the police to protect two adults living together. Special obligations in this regard fall on the Superintendent of Police, as decided by the Supreme Court in Shakti Vahini v. Union of India and Others, (2018) 7 SCC 192. This petition is supported by a joint affidavit of the petitioners.”
Previous order of Allahabad HC regarding resident spouses
In an order issued in December last year, the Allahabad High Court ordered police to provide protection to 12 couples living in one house, who said they were facing threats from their families and had not received adequate security measures from the authorities.
Justice Vivek Kumar Singh heard all 12 petitions together and ruled that adults in a live-in relationship are entitled to protection of life and personal liberty from the state. The court also issued detailed directions on the procedure to be followed by the police if such couples face threats in the future.
“The right to human life must be treated on a much higher footing, irrespective of whether the citizen is minor or senior, married or unmarried. The mere fact that the petitioners have not solemnized a formal marriage will not deprive them of their fundamental right as enshrined in the Constitution of India as citizens of India,” the court observed, as per an earlier HT report.
