Protection of Life and Liberty: Safeguarding Runaway Couples in India
In the diverse landscape of modern relationships, the concept of love and companionship transcends traditional norms. Runaway couples, those who choose to be together despite societal or familial objections, often face legal and social challenges. This article explores the protection of life and liberty for runaway couples in India, with a special emphasis on Article 21 of the Constitution of India. It also delves into the legal context of live-in relationships and other non-marital partnerships.
I. Article 21 of the Constitution of India: A Shield for Individual Freedom
A. Right to Life and Personal Liberty
– Article 21 guarantees every person the right to life and personal liberty, which encompasses the right to choose one’s partner and live freely without interference.
B. Protecting Runaway Couples
– Article 21 acts as a powerful tool in safeguarding the life and liberty of runaway couples, ensuring they are free from unlawful restrictions or harm.
C. Role of the Judiciary
– The Indian judiciary plays a vital role in upholding Article 21 by intervening in cases where runaway couples face threats or harassment from family members or societal forces.
II. Live-in Relationships: Legal Recognition and Protection
A. Emergence of Live-in Relationships
– Live-in relationships have gained acceptance as a legitimate form of partnership, allowing couples to cohabit without entering into a formal marriage.
B. Judicial Recognition
– Indian courts have acknowledged live-in relationships as akin to marriage, offering legal protection and rights to partners in such relationships.
C. Protection from Violence and Harassment
– The courts can provide legal recourse to partners facing violence or harassment, extending the protections afforded to married couples under domestic violence laws.
III. Relationships Outside Marriage: Legal Aspects
A. Other Non-Marital Partnerships
– Apart from live-in relationships, various forms of non-marital partnerships exist, such as cohabitation agreements and civil partnerships, which can be legally recognized.
B. Contractual Agreements
– Couples entering into non-marital partnerships can establish contractual agreements outlining their rights, responsibilities, and financial arrangements.
C. Legal Protections
– While not as extensively regulated as marriage or live-in relationships, non-marital partnerships can be legally recognized and protected, particularly when it comes to property rights and financial matters.
The protection of life and liberty is a fundamental right enshrined in Article 21 of the Constitution of India. This provision acts as a safeguard for runaway couples, ensuring their freedom from unlawful interference. Additionally, the evolution of legal recognition for live-in relationships and other non-marital partnerships signifies a progressive shift towards acknowledging diverse forms of companionship. By understanding their rights and seeking legal advice when needed, couples in non-traditional relationships can assert their autonomy and thrive in their chosen unions.