In a significant ruling, the Rajasthan High Court, underlining the supremacy of the right to life and liberty over the sanctity of marriage, has directed the state authorities to provide protection to a young couple fearing for their lives. The decision was delivered by Justice Arun Monga in S.B. Criminal Writ Petition No. 1730/2024.
Background of the Case
The petitioners, a young couple from Jodhpur, have been in a relationship and living together despite the opposition from the girl’s parents. The couple, intending to marry once the boy attains the legal marriageable age, has faced severe threats from the girl’s family, who wish to marry her off to another person. The situation escalated to the point where the petitioners were compelled to seek judicial intervention for protection.
Represented by their counsel, the petitioners approached the court after local police authorities allegedly failed to act on their pleas for safety. The respondents in the case included the State of Rajasthan, represented by the Public Prosecutor, along with local police officials and members of the girl’s family, who were accused of threatening the couple.
Legal Issues Involved
The core issue before the court was whether the petitioners, despite not being of marriageable age and being in a live-in relationship, are entitled to state protection under Article 21 of the Constitution of India, which guarantees the right to life and personal liberty.
The court also had to consider whether the opposition of the girl’s family to the relationship, rooted in societal and possibly caste-based considerations, could justify the denial of these fundamental rights.
Court’s Decision
Justice Monga delivered a pivotal ruling, emphasizing that the right to life and liberty enshrined in Article 21 of the Constitution stands on a higher pedestal than the validity of a marriage. He asserted that every citizen, irrespective of age or marital status, is entitled to state protection if their life and liberty are under threat.
Quoting precedents from various High Courts and the Supreme Court, including a notable judgment by the Punjab & Haryana High Court in Seema Kaur v. State of Punjab, Justice Monga remarked, “The right to exercise Assertion of choice is an inseparable facet of liberty and dignity.” He further stressed that the threat of ‘honour killings’ in parts of Rajasthan makes it incumbent upon the state to safeguard individuals who choose partners against family wishes, regardless of the legality or societal acceptance of their relationship.
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Observations of the Court
In his judgment, Justice Monga made several critical observations, including:
– “It is the bounden duty of the State… to protect the life and liberty of every citizen. Right to human life is to be treated on much higher pedestal, regardless of a citizen being minor or major.”
– “Mere fact that petitioners are not of marriageable age… would not deprive them of their fundamental right, as envisaged in the Constitution of India.”
Justice Monga ordered the Superintendents of Police of Jodhpur Rural and Bhilwara to verify the couple’s claims and provide necessary protection if the threat is deemed credible.
