IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anoop Chitkara, J.
Jai Nrain & Anr. – Appellants
Versus
State Of Punjab & Ors. – Respondents
CRWP No. 1493 of 2022
Decided On : 18-02-2022
Article 21 - Right to Life - The court invoked Article 21 of the Constitution of India to protect the lives of individuals in a live-in relationship from potential harm, emphasizing the fundamental right to life and the duty of the State to protect it.
Fact of the Case:
The petitioners, in a live-in relationship, sought protection from the court due to fear for their lives at the hands of private respondents. Petitioner No. 2, a married woman, voluntarily cohabited with petitioner No. 1.
Finding of the Court:
The court, acknowledging the evolving societal norms and the fundamental right to life under Article 21, ordered the concerned authorities to provide protection to the petitioners, subject to certain restrictions, without adjudicating on the validity of the petitioners' marriage or cohabitation.
Issues: Fear for lives of petitioners in a live-in relationship, duty of the State to protect life under Article 21, and the validity of the petitioners' marriage and cohabitation.
Ratio Decidendi: The court's decision was influenced by the interpretation of Article 21, emphasizing the inherent and indefeasible fundamental right to life and the duty of the State to protect it, without delving into the validity of the petitioners' relationship.
Final Decision: The petition was allowed, and the concerned authorities were directed to provide protection to the petitioners, subject to specified restrictions, without adjudication on merits or serving as a blanket bail in any FIR.
JUDGMENT
Anoop Chitkara, J. - Fearing for their lives and liberty at the hands of the private respondents, the petitioners who are in a live in relationship, have come up before this Court seeking protection through the State, by invoking their fundamental rights of life guaranteed under Article 21 of the Constitution of India.
2. Notices served upon the official respondents through the States counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of notices to the private respondents is required.
3. Ld. Counsel for the petitioner has stated that petitioner No. 2 is a married woman and has voluntarily gone to the company of petitioner No. 1. He submits that the petitioners are facing grave danger from the private respondents and their lives be protected even though petitioner No. 2 is married to respondent No. 4.
4. The times are changing fast, even in those lands that were left behind and stuck with the old ethos and conservative social milieu. We are governed by the rule of law and follow the Constitutional dharma. In the ever-evolving society, evolving the law with it, the time is to shift perspective from didactics of the orthodox society, shackled with the strong strings of morality supported by religions to one that values an individuals life above all. Every person in the territory of India has an inherent and indefeasible fundamental right to life flowing from Article 21 of Indias constitution andthe State is duty bound to protect life.
5. In Mohd Arif (5) Ashfaq v. Registrar, Supreme Court of India, (2014) 9 SCC 737, the Constitutional bench of Honble Supreme Court holds,
[17], As the determination of this case has to do with the fundamental right to life, which, among all fundamental rights, is the most precious to all human beings, we need to delve into Article 21 which reads as follows:
"21. Protection of life and personal liberty.-No person shall be deprived of his life or personal liberty except according to procedure established by law."
[18], This Article has its origin in nothing less than the Magna Carta, (the 39th Article) of 1215 vintage which King John of England was forced to sign by his Barons. It is a little known fact that this original charter of liberty was faulted at the very start and did not get off the ground because of a Papal Bull issued by Pope Innocent the third declaring this charter to be void. Strangely, like Magna Carta, Art. 21 did not get off the ground for 28 years after which, unshackled, it has become the single most important fundamental right under the Constitution of India, being described as one of a holy trinity consisting of a golden triangle (see Minerva Mills v. Union of India, 1981 1 SCR 206 at 263), and being one of two articles which cannot be eclipsed during an emergency (Article 359 as amended by the Constitution 44th Amendment).
6. If the allegations of apprehension of threat to their lives turn out to be true, it might lead to an irreversible loss. This Court is not adjudicating on the validity of petitioners marriage or her decision of cohabiting with petitioner No. 1 but adhering to its fundamental duty of guarding their lives. Thus, in the facts and circumstances peculiar to this case, it shall be appropriate that the concerned Superintendent of Police, SHO, or any officer to whom such powers have been delegated or have been authorized in this regard, provide appropriate protection to the petitioners for one week from today. However, if the petitioners no longer require the protection, then at their request it may be discontinued even before the expiry of one week. After that, the concerned officers shall extend the protection on day-to-day analysis of the ground realities or upon the oral or written request of the petitioners.
7. This protection is subject to the stringent condition that from the time such protection is given, the petitioners shall not go outside the boundaries of the place of t
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