Inter-faith Relationships : Safe or Not?

Name of the case:- Kiran Rawat v. State of UP

Court:-  Allahabad High Court

Case no. :-  Criminal Misc. Writ Petition No. 3310 of 2023

Decided on:- January 18, 2020

Bench:-  Justice Suresh Kumar Gupta

Introduction

The case of Kiran Rawat v. State of UP involves a judgment by the Allahabad High Court regarding the protection of an inter-faith couple in a live-in relationship from police harassment. The court declined the couple’s plea for protection, deeming the live-in relationship a “social problem” and relying on personal laws on marriage. This judgment has been criticized for undermining the principles of constitutional morality in personal relationships and disregarding the extensive body of constitutional jurisprudence championing individual liberties crafted by the Indian Supreme Court over decades. The ruling has been described as reflecting a regressive view on personal relationships and neglecting Supreme Court judgments, thus failing to uphold personal liberties.

Background

The case of Kiran Rawat v. State of UP involves the following background:

• Kiran Rawat and Mohammed Rizwan, both major adults, belong to different religions and have been living together in a live-in relationship.
• The mother of Kiran Rawat filed a complaint against her daughter’s relationship with Rizwan, alleging that it was a “social problem” and violated the provisions of the Hindu Marriage Act.
• The couple approached the Allahabad High Court seeking protection against police harassment and interference in their personal lives.

Actions taken

The actions taken by the police in the case of Kiran Rawat v. State of UP include the alleged harassment of the interfaith couple, who were living in a rented accommodation due to their prolonged love and affection. The couple had approached the Allahabad High Court seeking protection against such harassment, but their plea was refused, and the court deemed their live-in relationship a “social problem” and relied on personal laws on marriage.

Decision of the court

In the case of Kiran Rawat v. State of UP, the Allahabad High Court dismissed the couple’s plea seeking protection against police harassment and interference in their personal lives. The court deemed the live-in relationship a “social problem” and relied on personal laws on marriage. The judgment has been criticized for neglecting Supreme Court judgments and failing to uphold personal liberties.

Potential questions this judgement tends to answer

• What are the implications of the court’s decision for live-in relationships?

• What is the role of personal laws on marriage in the context of live-in relationships, and how are they applied by the courts?

• What are the legal rights and protections available to individuals in live-in relationships, especially in the context of interfaith couples?

WRITTEN BY: Pankhuri Rastogi

The Allahabad high court

Unfold Law