When Love Needs Protection: MP HC Grants Relief To 19-Year-Olds

“Things we do for love” is what Jamie Lannister said when he pushed little Brian, paralysing him for life. How sustainable is love? How deep is your love? Two 19-year-olds from Madhya Pradesh are abiding by the charm of love. Breaking stereotypes and challenging societal norms, they can be seen holding hands, sharing chores, and living together, in love. But, is society ready to witness this loud proclamation of love? 

When Love Needs Protection

Well, it might not be the case but the Madhya Pradesh High Court surely sees no harm in letting two consenting adults decide their course of life and love. Addressing a petition, an Indore bench of the High Court on March 14 granted protection to the couple while raising “concern on the choices, the youngsters are making these days.” 

Evoking the 2018 Supreme Court judgement, the court said that a couple involving two adults has a right to live together, even if they are not eligible to marry. 

A single bench of Justice Subodh Abhyankar said, “Although there is much to ponder over this subject, it must be remembered that even though certain rights have been conferred by the Constitution, it is not necessary to enjoy, and enforce them as well (sic).”

In its judgement, the court stated that “India is not a country where the state provides any allowance to the unemployed and the uneducated ones”. “If you are not dependent on your parents, you have to earn your own and your partner’s livelihood and this would naturally obviate the possibility of going to a school or a college, and if you get into this struggle of life at an early age by choice, not only your chances of enjoying the other opportunities of life are drastically affected but your acceptance in the society is also reduced.” 

Dismantling Social fabric

While the two lovers are allowed to live their lives the way they want to, society isn’t ready to embrace them which puts the woman at risk more than the man. The court echoed the same when it raised a fundamental issue of early pregnancy, “It is far more difficult for a girl who can also become pregnant at an early age, leading to further complications in her life. Thus, discretion is advised while opting for such choices and enforcing such rights, as it is one thing to have the rights and another to enforce them."

However, extending police protection, Justice Abhyankar said, “The court is inclined to allow the present petition even though both the petitioners are 19 years old only, and petitioner No. 2 has not even completed 21 years, since he is a major, he is entitled to reside as per his own will, and if he so decides, his choice needs to be protected from external forces."

The couple, who currently live together in Khargone, had filed a petition to the authorities due to concerns about potential repercussions from the woman's family.

Representing the state was the advocate Amay Bajaj who opposed the plea for protection citing that the man had not attained legal age to marry and granting protection would encourage promiscuousness in the society.