LI Network
Published on: 7 September 2023 at 11:28 IST
The recent judgment delivered by Justice Surendra Singh-I of the Allahabad High Court has reaffirmed the fundamental right of adults to select their life partners and cohabit in live-in relationships.
This groundbreaking judgment, rendered in the case of Razia and Another v. State Of U.P. and 3 Others, establishes a precedent by upholding the principles of personal liberty and individual choice.
The petitioners, identified as Razia and another individual, both adults, approached the court seeking a mandamus to prevent a private respondent from disrupting their peaceful cohabitation and to secure protection.
The petitioners asserted that they were voluntarily residing together in a live-in relationship without any coercion. Nevertheless, they alleged that petitioner no. 1’s mother and her family vehemently opposed their relationship and had subjected them to harassment and threats, even raising concerns about potential honor-related violence.
In its judgment, the court referenced the landmark Supreme Court ruling in Lata Singh vs. State of Uttar Pradesh, underscoring that acts of violence or threats against individuals involved in inter-caste or inter-religious marriages are unlawful and merit severe punishment.
Justice Surendra Singh-I articulated, “The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system.
However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished.”
The judgment further underscored various Supreme Court decisions that underscored the significance of an adult’s right to choose their life partner and place of residence, reaffirming the principle of personal freedom.
In its concluding remarks, the Allahabad High Court affirmed that the petitioners had the right to cohabit, and no one, including their parents, could interfere in their peaceful live-in relationship.
The Superintendent of Police received instructions to provide immediate protection to the petitioners should any disturbance arise.
