Court Doesn’t See Hindus or Muslims’; Allahabad HC Grants Protection to Live-In Partners

Lucknow: The Allahabad High Court has stated that it does not view individuals based on their religion and that two adults have the constitutional right to live together according to their choice. This important judgment was passed on petitions filed seeking protection for live-in partners of different religions.

The court also made it clear that the controversial Uttar Pradesh Prohibition of Religious Conversion Act (2021) cannot be applied to live-in partners. It stated that when two adults live together peacefully of their own free will, they should not be considered Hindu or Muslim. Rather, the single bench observed that they are free citizens who have chosen to live together. The court further emphasised that the right to choose a partner and live with them is an integral part of the right to life and personal liberty guaranteed by Article 21 of the Constitution.

Around 12 interfaith live-in partners approached the court, claiming that their peaceful lives were under threat from their families and society, and demanded protection. The state argued that they were living together in violation of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act.

However, the court completely rejected this argument. It clarified that the law would only apply if religious conversion were carried out through force, deceit, or inducement. The petitioners argued that none of them had changed their religion and that they were living together while adhering to their own religious beliefs, which the court accepted.

The court emphasised that no one could be forced to change their religion in order to live together. It also pointed out that opposition from society or family members does not override the fundamental rights granted to citizens by the Constitution. The High Court instructed the police officials of the respective districts to provide protection to the petitioners as per their request.