Every Adult is Free to Live As They Wish; State Must Protect Life and Liberty: Rajasthan High Court reiterates principles of Article 21 - 2025-08-18

Rajasthan High Court Orders Police to Assess Threat and Protect Newly-Wed Couple Facing Family Opposition

JAIPUR: Reinforcing the fundamental right to life and personal liberty, the Rajasthan High Court has directed the state police to ensure the safety of a newly-wed couple facing threats from the bride's family. The bench of Justice Shubha Mehta , while hearing a criminal writ petition, emphasized that every adult is free to live as they wish, and the state has a duty to protect them from any harm.

The court was presiding over a petition filed by Rinku Kumari, 18, and Banti Bhichar, 21, who sought protection from Rinku's family members after their marriage.

Case Background

The petitioners, Rinku Kumari and Banti Bhichar, both residents of Sikar district, approached the High Court stating that they are adults who willingly entered into matrimony. According to their petition, Rinku Kumari was born on January 9, 2006, and Banti Bhichar on November 7, 2003, making them legally eligible to marry.

The couple solemnized their marriage in an Arya Samaj ceremony on November 18, 2024, and subsequently registered it with the Municipal Corporation Greater Jaipur on November 19, 2024. They contended that since their marriage, they have been living under constant threat from Rinku's father and other relatives (respondents No. 5 to 8), who are opposed to their relationship. Fearing for their lives and liberty, the couple had submitted a representation to the Superintendent of Police, Sikar, before moving the High Court.

Arguments Presented

The counsel for the petitioners argued that both individuals are adults and have a constitutional right to choose their life partner. It was submitted that the threats from the bride's family members posed a direct danger to their life and liberty, necessitating immediate police protection.

The learned Public Prosecutor, representing the State of Rajasthan, opposed the petition.

Legal Principles and Court's Observations

Justice Shubha Mehta, in her order, relied on a series of landmark Supreme Court judgments that uphold an individual's autonomy and right to life under Article 21 of the Constitution. The court cited precedents including:

• Lata Singh v. State of U.P. (AIR 2006 SC 2522)
• S. Khushboo v. Kanniammal (2010 (5) SCC 600)
• Shafin Jahan v. Asokan K.M. & Ors. (2018 (16) SCC 368)

The court reiterated the established legal principle that every adult has the freedom to live according to their own will. "No one has the right to violate their life and personal liberty, except through the procedure established by law. They are entitled to receive protection for their life and personal liberty under the law," the order stated.

The court also noted that under Section 29 of the Rajasthan Police Act, 2007, it is the duty of every police officer to protect the life and personal liberty of citizens.

Final Decision

Without commenting on the "bona fides and veracity of the petitioners' statements," the High Court directed the state authorities (respondents No. 1 to 4) to consider the representation previously submitted by the couple to the Superintendent of Police, Sikar.

The court ordered the police to assess the couple's security concerns and, if a threat is found, to take necessary action as per the law to ensure that no harm comes to their life and liberty.

The order explicitly clarified that this direction for police protection will not affect any pending or future civil or criminal proceedings against the petitioners, which shall proceed in accordance with the law. With these directions, the writ petition was disposed of.