J&K HC: Right to Assertion of Choice is part of Liberty and Dignity

Shivangi Prakash-

The Jammu and Kashmir High Court, while hearing a protection petition brought by a couple in a live-in relationship, stated that the right to assert one’s choice is an integral aspect of one’s liberty and dignity.

Justice Sindhu Sharma observed, “It is settled proposition that right to exercise assertion of choice is an inseparable part of the liberty and dignity and the same should not, except in accordance with the procedure established by law.”

The Court was hearing a protection petition filed by a couple in which a 19-year-old girl and an 18-year-old boy living in a live-in relationship were threatened by the girl’s family and relatives who did not recognize the relationship.

The Court cited the Supreme Court’s decision in Gurwinder Singh & Anr. v. State of Punjab & Ors, in which the Punjab Police was ordered to protect a live-in couple.

The Supreme Court upheld the Punjab and Haryana High Court ruling that stated that no protection order may be issued in a live-in relationship that is morally and socially unacceptable.

As a result, the High Court issued notice on the protection claim and delayed the case until September 29.

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