Sanchita Chatterjee, BS News Agency: A couple from Shahjahanpur, Uttar Pradesh, approached the court seeking relief. They claimed that criminal proceedings had been initiated against them solely because they were in a live-in relationship. If a married man cohabits (lives in) with an adult woman with mutual consent, it is not a crime! The Allahabad High Court made this observation while hearing a specific case. In its order, the court stated that no criminal case could be lodged against the cohabiting couple. Furthermore, the court directed the police to ensure their safety and security.
The family of the woman involved—a member of a live-in couple from Shahjahanpur, Uttar Pradesh—had approached the authorities against the couple. Criminal charges were filed against them on the grounds that they were in a live-in relationship, specifically because the male partner was married. In its observations, the court emphasized the necessity of keeping 'morality' distinct from the law. The court observed that, legally speaking, it appears the individual in question has not committed any crime. The court further asserted that measures taken to protect the rights of citizens can never be dictated by social opinion or moral norms. The court issued directives to the police, ordering that the petitioners must not be arrested. Moreover, the court mandated that the family be kept under strict watch; the police must ensure that the family is unable to cause any harm to the couple in any manner. Additionally, the court ordered that no member of either family is permitted to enter the couple's residence or attempt to contact them. According to the court, the responsibility for ensuring their safety lies with the local police administration.
The petition was filed in court by Anamika and Netrapal. According to the details of the case, on January 8, Anamika's mother, Kanti, lodged a complaint at the Jaitipur Police Station in Shahjahanpur. The complaint alleged that Netrapal had used "inducements" to take her daughter away. The case was registered under Section 87 of the Bharatiya Nyaya Sanhita (BNS). Challenging these proceedings, the live-in couple approached the court. They submitted to the High Court that both of them are adults and are currently cohabiting with mutual consent. Although Anamika's mother alleged that Netrapal is married—in which case cohabitation with another woman would constitute a criminal offense—the court observed during the hearing that if Netrapal is indeed cohabiting with an adult with mutual consent, such conduct does not fall under the purview of criminal law. The case was heard by a bench of the Allahabad High Court comprising Justice J.J. Munir and Justice Tarun Saxena. The court announced that it would hear the case again on April 8.
Further Questions:
What does this court ruling imply for the future of Anamika and Netrapal?
Why did the court draw a distinction between morality and the law?
What specific allegations did Anamika's mother level against Netrapal?
What impact is this ruling likely to have on the society of Shahjahanpur district?