‘Cannot be compromised’: Rajasthan High Court steps in as couple faces death threats for marrying against family wishes

The judge went on to underscore that the “apprehension relating to life and personal liberty, if asserted, deserves to be examined by the competent authority”.

Crucially, the judge opined that the assessment of threat perception and the necessity of protection were matters falling within the domain of the police authorities, “who are duty bound to ensure maintenance of law and order and to prevent any person from taking the law into his or her own hands”.

Rajasthan High Court ruling on a couple’s plea alleging threat to their lives had commentary on the individual’s life and liberty under the Constitution.

Examination, ruling

After examining the facts brought on record, the court allowed the petition, while directing the couple to appear before the superintendent of police concerned within 10 days and submit a representation “clearly indicating the persons from whom they apprehend threat or harm”.

“Upon such appearance, the Superintendent of Police concerned shall afford an opportunity of hearing to the petitioners and, if deemed necessary, to the concerned private respondents, examine the grievance, deliberate over the issue and calibrate the threat perception and, if the circumstances so warrant, pass appropriate orders in accordance with law so as to ensure that no harm is caused to the petitioners by the private respondents by taking law into their own hands,” the order read.

‘No definitive finding’

Justice Ali, however, clarified that he had not recorded any definitive finding when it came to the legitimacy of the relationship claimed by the couple or the validity of their purported marriage or the genuineness of the documents they had relied upon.

All such aspects, the court said, were to remain open for enquiry and investigation by the competent authority.

“It is further made clear that any observation made herein shall not affect any civil or criminal proceedings, if any, pending or to be initiated in accordance with law,” the order added.

Why high courts the best fora for runaway couples?

The Indian Express had earlier spoken to advocate Utkarsh Singh, who specialises in such cases and has successfully secured protection for several such couples from courts, to understand the legal challenges surrounding live-in relationship couples and their safety.

According to the lawyer, whether a live-in couple intends to marry or not becomes crucial in such cases.

“If they say that they are living together and they are seeking an order of protection against society, and they have an intent to marry, then the high court is the best possible forum to go and seek protection,” he said.

Referring to the landmark verdict in Shakti Vahini v. Union of India, he continued, “Special cells are to be created in every district to protect the well-being of these couples. So, the forum has now, by the virtue of this judgement, shifted from the high court to the special cell, which has to be headed either by the DCP (deputy commissioner of police) or a senior level officer.”