Court Upholds Personal Liberty and Directs Police to Respect Constitutional Rights of Adults
In a landmark decision reinforcing the constitutional rights of adults, the Allahabad High Court quashed an FIR filed against Nitika Panwar and Mukul Yadav, an adult couple who voluntarily married and chose to live together. The FIR, lodged by Nitika's father, accused the couple of misconduct under Section 87 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bench, comprising Justices J.J. Munir and Tarun Saxena, declared the police actions as an infringement of personal liberty, highlighting the importance of respecting the age of majority and the personal choices of adults.
The court emphasized that the Constitution of India protects the right of adults to choose their partners and live together without interference from the police or family members. Criticizing the police for overstepping their bounds, the judges noted the growing trend of authorities registering FIRs and pursuing consenting adult couples, which they deemed a misuse of power and a diversion from genuine crime investigation.
Highlighting the case details, the court acknowledged that Nitika Panwar, aged 18 years and 11 months, had willingly married Mukul Yadav according to Hindu rites and was peacefully living with him. The court examined her age verification documents and marriage certificate, confirming her status as a legal adult. The judges were critical of the police's actions, which included chasing the couple and attempting to separate them, categorizing such actions as illegal and an overreach of authority.
In their judgment, the court issued a mandamus preventing the police and respondent no. 4 from interfering in the couple's matrimonial life. They directed the Director General of Police and the Additional Chief Secretary (Home) of Uttar Pradesh to implement measures ensuring police powers are not misused in such cases. The court warned that failure to comply could lead to further judicial intervention.
This decision sends a strong message affirming the rights of adults to make personal life choices without fear of legal repercussions or familial pressure. It reinforces the legal framework protecting individual autonomy and underscores the judiciary's role in upholding constitutional liberties.
Bottom Line:
FIR registered against a consenting adult couple for marrying and living together held to be an infringement of personal liberty; quashed by the Court. Police directed to respect the age of majority and constitutional rights of adults.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 87, Constitution of India, 1950 Article 21
Nitika Panwar v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2889091
