In a criminal writ petition, the Rajasthan High Court directed the State to provide protection to adult petitioners facing family threats over their relationship, affirming their right to companionship.
Direction to file representation before Superintendent of Police, Masuda for audience and subsequent protection.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 2782/2023
Rinka Daughter Of Shri Kana Ram,
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Suresh Gurjar For Respondent(s) : Mr. Sher Singh Mehla, PP
HON'BLE MR. JUSTICE SAMEER JAIN
Order
19/12/2023
Counsel has submitted that the petitioners are both adults. They apprehend threat from their families, on account of the latter’s disapproval of their relationship, arrayed as respondent nos. 6 to 17. It is also averred that despite approaching the Police authorities, no heed to their grievance has been paid.
It is noted that the State has a duty to protect the life and liberty of the citizens. The petitioners as adult citizens have a right to choose their partners. When the question of life and liberty comes, one must prefer to err on the safer side. It is also a well settled legal position that the society cannot determine how individuals live their lives, especially when they are major, irrespective of the fact that the relation between two major adults may be termed as unsocial or not. Thus, life and personal liberty of the individuals has to be protected, against any threat to the same.
In the foregoing facts and circumstances, the petitioners are directed to file a representation before respondent no.3-
[CRLW-2782/2023]
(2 of 2)
Superintendent of Police, Masuda encapsulating their grievance. Thereafter, the respondent no.3 is directed to adequately provide audience to the petitioners and subsequently, in accordance with a fair assessment of their grievance, provide adequate protection to the petitioners.
In light of the directions noted above, the instant petition is disposed of.
(SAMEER JAIN),J
DEEPAK/Garima/670
1 issue framed by the court
Whether the State has a duty to protect the life and liberty of adult couples facing threats from families disapproving their relationship.
Rinka Daughter Of Shri Kana Ram
State Of Rajasthan
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
