Allahabad HC upholds interfaith couple's right to cohabit under Article 21
CLAT PGUPSC CSE ●● Medium importance 27 August 2026
Allahabad HC upholds interfaith couple's right to cohabit under Article 21

What happened

The Allahabad High Court granted protection to an interfaith couple facing life threats, reaffirming that the right to live together — regardless of religion — falls within Article 21's right to life and personal liberty. The court directed police to ensure their safety. This ruling follows a consistent line of High Court decisions recognising that adult individuals may choose their partner and cohabit without state or societal interference, irrespective of religious differences between them.

Why it matters

This ruling sits at the intersection of Article 19(1)(a) — freedom of expression including the expression of personal choice — and Article 21 — the right to life and personal liberty, which the Supreme Court in Puttaswamy (2017) expanded to include autonomy, dignity, and privacy. The Allahabad HC applied the principle that two consenting adults' right to cohabit cannot be curtailed on grounds of religion, community pressure, or family disapproval.

The foundational precedent is Shakti Vahini v. Union of India (2018), where the Supreme Court held that the right to choose a life partner is a fundamental right under Articles 19 and 21. The court further held that khap panchayats or any assembly that interferes with this right commits a constitutional wrong. Similarly, in Lata Singh v. State of UP (2006), the Supreme Court directed protection for inter-caste and inter-religion couples facing threat.

The limitation the court recognised: the state may regulate marriage through laws like the Special Marriage Act, 1954 — designed precisely for interfaith couples — but it cannot prohibit cohabitation or deny police protection merely because a relationship crosses religious lines. The test applied is proportionality: any restriction on personal liberty under Article 21 must satisfy the threefold test from Maneka Gandhi (1978) — it must be by law, the law must be just, fair, and reasonable, and it must not be arbitrary. Mere disapproval by family or community cannot override fundamental rights.
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