The Division Bench pronounced this verdict while answering a reference after 2 single-judge benches gave contradicting judgements on the protection matter.
The Court considered the question of whether live-in couples should be granted protection prima-facie without examining their marital status and the circumstances of the case and if this was answered in the negative, what are the circumstances in which the Court is empowered to deny protection.
The Court underscored Right to Choice as a part of Right to life or personal liberty under Article 21 of the Constitution after referring to various judgements of the Apex Court including Joseph Shine v. Union of India.
It affirmed that when threats are purveyed to live-in couples from their families or any moral vigilante, they are entitled to claim protection, if their relationship is likely to be obstructed.
However, the Court also took note of the police force being overwhelmed with similar cases and suggested alternative mechanisms namely:
1) Approach the District Legal Services Authority of the respective jurisdiction where para legal volunteers or counsellors shall be deployed to speak with the live-in couples as well as the persons threatening them.
2) Approach the State Human Rights Commission in order to ease the threats.
But the Court added that the above mechanisms turning out a complete failure, the couples can recourse to the Writ Courts.
The Court also examined whether a minor in a live-in relationship is entitled to protection, which it answered in the negative, stating that a minor cannot enter into a contract and the natural requirement demands the retrieval of the minor to the custody of the parents, wherein if the minor is not safe with the parents, then shall be staying at a Children’s home until having attained the age of majority as per provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.
CASE NAME: YASH PAL AND ANOTHER v. STATE OF HARYANA, CRWP No. 4660 of 2021
NAME : ASIYA RAHMAN PUTHUPPURACKAL, COURSE : BA LL.B COLLEGE : GOVERNMENT LAW COLLEGE, THIRUVANANTHAPURAM, KERALA, INTERN UNDER LEGAL VIDHIYA.
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