The constitutional morality prevails over social morality: Rajasthan High Court
Case Title: Riyanshi Gothwal & Aniket Panwar versus State Of Rajasthan & others.
Case No.: S.B. Criminal Writ Petition No. 1296/2023
Decided on: 03/07/2023
Coram: HON’BLE MR. JUSTICE BIRENDRA KUMAR
Facts of the case:
The criminal writ petition has been filed under Article 226 of The Constitution of India for protection to life and personal liberty of the petitioners.
Petitioners are not married. Both are major and in a live-in-relationship. The petitioners have approached this court for protection of their life and liberty as private respondents are not accepting and recognizing their relationship.
Judgement:
Considering the constitutional right of the petitioners, let the State respondents ensure protection to the personal life and liberty of the petitioners.
Analysis:
The social values and morals have their space but they are not above the constitutionally guaranteed freedom. The said freedom is both a constitutional and a human right. Deprivation of that freedom which is ingrained in choice on the plea of faith is impermissible. It is expected from the courts as the final arbiter of the Constitution to uphold the cherished principles of the Constitution and not to be remotely guided by majoritarian view or popular perception. The Court has to be guided by the conception of constitutional morality and not by the societal morality.
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Written by: Mahima Saini