Widow-Widower Live-In Couple Granted Protection By Rajasthan HC; Says Privacy & Liberty Of Individuals Cannot Be Infringed: Rajasthan High Court
While ruling on a petition filed by a widowed woman and a widower man who were living together and seeking protection for their lives and freedoms, the Rajasthan High Court noted that the petitioners have a fundamental right to privacy, liberty, and choice.
Case- Gaytri and Another v. State of Rajasthan, 2022 LiveLaw (Raj) 250
Coram: Justice Birendra Kumar
FACTS OF THE CASE-
The petitioners went to the Supreme Court and asked the court to uphold their rights to life and freedom under Article 226 of the Constitution. The private respondents were the first petitioner’s family members who disagreed with the couple’s claim that they were widow and widower and should be allowed to live together. They petitioned the Jaipur bench of the Rajasthan High Court for protection, citing threats to their life and freedom as a result of the court’s refusal to approve or recognize their relationship.
JUDGEMENT AND ORDER-
Justice Birendra Kumar ruled on a single case, and he issued an order to the Superintendent of Police and other relevant authorities to guarantee the petitioners’ right to life and freedom. The Court made it clear that no one has the right to violate another person’s privacy or freedom by acting illegally, and that if a person feels they have been wronged in some way, they must pursue legal redress, which is never subject to the whims of the wrongdoer.
The Court acknowledged the petitioners’ right to privacy and emphasized the need to rely on the idea of ‘constitutional morality rather than the theories of morality in society’ using the Supreme Court’s ruling in Navtej
In the case of Singh Johar v. Union of India. The Court also looked to the Supreme Court’s ruling in Shafin Jahan v. Asokank.M., which upheld the right to privacy and the right to bear arms as fundamental human freedoms superior to considerations of public decency..
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Judgement reviewed by Deepa Bajaj.