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.
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