The protection of the right to life and liberty is a fundamental promise made
by the maker of our constitution to meet the requirements of citizens. The
Hon'ble Supreme Court and High Courts have developed jurisprudence of life and
liberty protection that is extended to runaway couples (inter-religion,
inter-caste, or any societal situations), and live-in partners, adapting and
acknowledging the constantly changing social scenario and extending the
application and scope of Article 21 in all spheres of life. The Hon'ble Apex
Court and different High Courts around the country have extended protection to
spouses and laid down the legislation relating to their life and liberty.
Protection granted by the court is frequently misunderstood by couples/partners
as a type of court marriage. It is critical to recognize that it should not be
confused with court marriage, as court marriage refers to the process of
registering a marriage with the Registrar of Marriages, and the court does not
validate the legality of any marriage (unless either spouse contests it), but
rather protects individual constitutional rights.
Few Reasons for Disapproval of Live-In Couples:
- Lack of knowledge of constitutional principles
- The social structure of society;
- Individual economic strata;
- Family priorities;
- Old belies;
- Segregation among faiths, castes, ethnicities, races, and other groups
Why Protection of the Live-in Couples in Needed?
In recent decades, it has been noted that couples who marry against their
parents' desires or society's accepted norms face the seeming threat of losing
their lives. In countless examples of inter-caste, inter-religion marriages, or
live-in couples, honor killings in the name of family or social pride have been
observed. These occurrences are diametrically opposed to liberal democracy.
Our founding fathers of the Constitution were well aware of the societal
conditions that existed at the time, and they took such challenges very
seriously. Apart from other aspects of the Right to Life and Liberty, the
insertion of Article 21 in the Constitution was an overarching action in the
direction of maintaining security and tranquility for citizens and non-citizens.
Who Can Seek Protection:
- Runaway inter-religion marriages couples;
- Runaway inter-caste marriages couples;
- Runaway couples in any other socially unacceptable marriages, such as
those formed without the permission of parents and relatives;
- Runaway couples (interfaith, intercaste, or any other socially
- After reaching the age of majority, live-in partners in general;
- Live-in partnerships formed before reaching the legal marriageable age;
- Live-in partners who have not divorced their spouses;
- After receiving a divorce, live-in partners;
- Any other person whose constitutional right to life and liberty is at
- Homosexual couples who live together.
Hopes from the Supreme Court of India:
The Hon'ble Supreme Court's recent decisions have given all sections of society
hope that the Supreme Court is committed to the Indian Constitution and is the
ultimate guardian of citizens' rights. The majority of India's High Courts have
followed the law put forth by the Hon'ble Supreme Court. The Hon'ble Supreme
Court has found historic laws based on Victorian morality illegal and
unconstitutional in recent years, and there is a good probability that
additional similar laws will be deemed unconstitutional in the future.