लिव-इन रिलेशनशिप को जीने के अधिकार से मिली निजी स्वायत्तता के नज़रिये से देखा जाना चाहिए: कोर्ट

इलाहाबाद: उत्तर प्रदेश स्थित इलाहाबाद हाईकोर्ट ने बीते मंगलवार (26 अक्टूबर) को दिए एक फैसले में कहा कि ‘लिव इन’ संबंध जीवन का हिस्सा बन गए हैं और इसे सामाजिक नैतिकता के दृष्टिकोण से कहीं अधिक निजी स्वायत्तता के नजरिये से देखे जाने की जरूरत है. जस्टिस प्रितिंकर दिवाकर और जस्टिस आशुतोष श्रीवास्तव की पीठ ने दो अंतरधार्मिक लिव-इन जोड़े द्वारा दायर याचिकाओं का निस्तारित करते हुए यह आदेश पारित किया. इनका आरोप है कि लड़कियों के परिजन उनके दैनिक जीवन में हस्तक्षेप कर रहे हैं.

एक याचिका कुशीनगर की शायरा खातून और उनके साथी द्वारा, जबकि दूसरी याचिका मेरठ की जीनत परवीन और उनके साथी द्वारा दायर की गई थी.

याचिका में उन्होंने इस बात का भी उल्लेख किया कि उन्होंने संबंधित पुलिस अधिकारियों से संपर्क किया, लेकिन पुलिस अधिकारियों ने उनकी कोई मदद नहीं की. उनका दावा है कि उनकी जान और स्वतंत्रता को नजरअंदाज किया जा रहा है.

अदालत ने कहा, ‘लिव इन संबंध जीवन का हिस्सा बन गए हैं और इस पर उच्चतम न्यायालय ने मुहर लगाई है. ‘लिव इन’ संबंध को भारत के संविधान के अनुच्छेद-21 के तहत जीवन जीने के अधिकार से मिली निजी स्वायत्तता के नजरिये से देखा जाना चाहिए, न कि सामाजिक नैतिकता के नजरिये से.’

अदालत ने कहा कि पुलिस अधिकारी इन याचिकाकर्ताओं के अधिकारों की रक्षा करने को बाध्य हैं.

अदालत ने आदेश दिया कि ऐसी स्थिति में जब याचिकाकर्ता संबंधित पुलिस अधिकारियों से संपर्क कर अपनी जान और स्वतंत्रता को किसी तरह के खतरे की शिकायत करें तो पुलिस अधिकारी कानून के तहत अपेक्षित अपने दायित्वों का निर्वहन करेंगे.

याचिकाकर्ताओं ने यह दलील दी थी कि उन्होंने संबंधित पुलिस अधिकारियों से संपर्क किया था, लेकिन पुलिस ने कोई मदद नहीं की और परिणामस्वरूप, उनका जीवन और स्वतंत्रता खतरे में है.

कोर्ट ने कहा कि पुलिस अधिकारी याचिकाकर्ताओं के अधिकारों की रक्षा करने के लिए बाध्य हैं.

आदेश में कहा गया, ‘यदि याचिकाकर्ता अपने जीवन और स्वतंत्रता के खतरे की शिकायत लेकर पुलिस अधिकारियों से संपर्क करते हैं, तो हम आशा और विश्वास करते हैं कि पुलिस अधिकारी कानून के तहत उनके अपेक्षा के अनुसार अपने कर्तव्यों का पालन करेंगे.’

दिसंबर 2020 में अपने एक फैसले में इलाहाबाद हाईकोर्ट ने अंतरधार्मिक विवाह करने वाले युवक-युवती को एक साथ रहने की मंजूरी देते हुए कहा था कि महिला अपने पति के साथ रहना चाहती है. वह किसी भी तीसरे पक्ष की दखल के बिना अपनी इच्छा के अनुसार रहने के लिए स्वतंत्र है.

पिछले साल दिसंबर में दो वयस्क लोग लिव-इन संबंध में एक साथ रह सकते हैं, यह व्यवस्था देते हुए इलाहाबाद हाईकोर्ट ने फर्रुखाबाद के वरिष्ठ पुलिस अधीक्षक को लिव-इन में रह रहे एक युवक-युवती को सुरक्षा उपलब्ध कराने का निर्देश दिया था, जो अपने पारिवारिक सदस्यों की प्रताड़ना का शिकार हो रहे थे.

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