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2022 Supreme(Raj) 975

BIRENDRA KUMAR
Yasmeen – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Mukesh Kumar Saini, Advocatte, for the Petitioner
Mr. Prashant Sharma, PP, for the Respondent

JUDGMENT

1. This criminal writ petition has been filed under Section 482 Cr.P.C. for protection to life and personal liberty of the petitioners.

2. Petitioners are major and they have solemnized marriage with each other. They apprehend violation of their right of privacy and personal liberty at the hands of private respondents as they are opposing their relationship.

3. The personal liberty and right of privacy is recognised and protected by catena of judicial pronouncements. One of the same is case of Navtej Singh Johar v. Union of India (Writ Petition (Cri.) No.76 of 2016, decided on 06.09.2018), with note that constitutional morality cannot be ignored in face of social morality.

The Hon'ble Supreme Court observed as under:-

      "64....The right to privacy enables an individual to exercise his or her autonomy, away from the glare of societal expectations. The realisation of the human personality is dependent on the autonomy of an individual. In a liberal democracy, recognition of the individual as an autonomous person is an acknowledgment of the State's respect for the capacity of the individual to make independent choices. The right to privacy may be construed to signify that not only ar

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