The Allahabad High Court ruled that interfaith couples have the constitutional right to live together peacefully without interference. The Court said the right to choose a partner and live with dignity is protected under Article 21 of the Constitution.
Lucknow: In an important observation on personal liberty and individual choice, the Allahabad High Court has said that it does not view an interfaith couple as belonging to different religions, but as two adults who are living together happily out of their own free will.
The Court emphasised that the Constitution of India protects interfaith couples who are living together in a live-in relationship and that their safety and liberty must be protected by the State.
The observation was made by Justice Vivek Kumar Singh while hearing a writ petition filed by an interfaith couple who were in a live-in relationship and feared for their safety. The couple approached the High Court stating that they were facing threats and that the police had not taken any action on their complaint. During the hearing, the government counsel informed the Court that no FIR had been registered in connection with the couple living together.
In its order dated March 18, the Court made strong observations about the right of individuals to choose their partner and live peacefully.
The Court clearly stated,
“This Court does not see the petitioners herein of different religion as Hindu and Muslim, rather as two grown-up individuals who out of their own free will and choice are living together peacefully and happily for a considerable time.”
The Court further explained that the right to live with a person of one’s choice is a part of the fundamental rights guaranteed under the Constitution, especially under Article 21 which protects the right to life and personal liberty.
The Court said,
“Right to live with a person of his/her choice, irrespective of religion professed by them, is intrinsic to right to life and personal liberty. Interference in a personal relationship would constitute a serious encroachment into the right to freedom of choice of the two individuals. This Court fails to understand that if the law permits two persons even of the same sex to live together peacefully then neither any individual nor a family nor even State can have objection to heterosexual relationship of two major individuals who out of their own free will are living together. Decision of an individual who is of the age of majority to live with an individual of his/her choice is strictly a right of an individual and when this right is infringed, it would constitute breach of his/her fundamental right to life and personal liberty as it includes right to freedom of choice, to choose a partner and right to live with dignity as enshrined in Article 21 of the Constitution of India,”
The High Court also made it clear that the State has a duty to protect the life and liberty of every citizen, regardless of religion. The Court said that simply because two people are in an interfaith relationship, they cannot be denied their fundamental rights.
The Court observed,
“Right to human life is to be treated on much higher pedestal, regardless of a citizen’s religious belief. The mere fact that the petitioners are living in an interfaith relationship would not deprive them of their fundamental right as envisaged in Constitution of India, being citizens of India,”
This judgment is significant because the Allahabad High Court has recently delivered different rulings on live-in relationships involving married persons. In one case, Justice Vivek Kumar Singh held that a married person cannot legally enter into a live-in relationship with another person without first getting a divorce from their spouse.
The Court said that the freedom of one person cannot override the legal rights of the spouse, and a husband or wife has a legal right to the company and companionship of their partner. Therefore, in such cases, the Court said it cannot direct the authorities to protect such live-in couples.
However, in another case, a division bench of Justice J.J. Munir and Justice Tarun Saxena took a different view and observed that if a married man is living in a consensual live-in relationship with an adult woman, it may not amount to a criminal offence under the law. The Court clarified that courts should not be guided by social morality or public opinion while deciding such cases and must instead follow the law.
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These observations once again highlight the growing importance of personal liberty, individual choice, and constitutional protection in matters relating to relationships, live-in arrangements, and interfaith couples.
The Allahabad High Court has repeatedly emphasised that the right to choose a partner, the right to live together, and the right to live with dignity are part of the fundamental rights guaranteed under Article 21 of the Constitution of India, and these rights must be protected by the State and law enforcement authorities.
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