Live in Relationship not illegal says Allahabad High Court | Current Affairs | Vision IAS
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In Summary

The court declared live-in relationships legal, emphasizing personal autonomy, protection of rights under Article 21, and rejecting social morality as a restrictor of fundamental freedoms.

In Summary

The ruling reinforces a rights-based interpretation of Article 21, strengthening jurisprudence on personal liberty and human dignity.

Key Observation of Court on Live-In Relationship

  • Legality: The Court clarified that live-in relationships between consenting adults are neither criminal nor prohibited under Indian law.
  • Autonomy: It reaffirmed that adults are free to make personal life choices, and such autonomy cannot be restricted merely due to social or familial disapproval.
  • State Duty: The judgment emphasised that denial of police protection in such cases amounts to a failure of the State’s constitutional obligation to safeguard life and liberty.
  • Social Morality: The Court held that concerns about “social fabric” cannot override fundamental rights guaranteed under the Constitution.
  • Evidentiary Presumption: It referred to Section 114 of the Indian Evidence Act / Section 119(1) of the Bharatiya Sakshya Adhiniyam, 2023 which  states that if a couple lives together for a significant period of time as husband and wife, they shall be presumed to be married. 
    • The Courts shall apply this presumption to protect the rights of parties in a live-in relationship, particularly women and children born out of such relationships.

Related Supreme Court Judgements

  • Lata Singh v. State of Uttar Pradesh (2006): The Supreme Court directed State authorities to protect adults exercising their choice of partner and strongly condemned honour-based violence and social harassment.
  • K.S. Puttaswamy v. Union of India (2017):  The Supreme Court held that Article 21 protects the right to privacy, dignity, autonomy, and decisional freedom in personal and intimate matters.
  •  Shafin Jahan vs. Asokan K.M. And Others, (2018): SC held that the right to marry a person of own choice is an integral part of Article 21 of the Constitution of India and  expression of choice is a fundamental right under Articles 19 and 21.
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