Couple protection refers to the legal rights and security provided to couples facing threats, harassment, or violence due to their relationship. This is particularly relevant in cases of inter-caste marriages, interfaith marriages, live-in relationships, and same-gender relationships where families or communities may oppose the union. The law in India safeguards such couples from honor crimes, social pressure, and threats to their life and liberty.
1. Right to Choose a Partner – Under Article 21 of the Indian Constitution, every adult has the right to marry or be in a relationship with a person of their choice.
2. Right to Protection from Honor Crimes – The Supreme Court and High Courts have issued several guidelines to prevent honor-based violence against couples.
3. Right to Protection from Forced Marriage – A person cannot be forced into a marriage against their will under Indian law.
4. Right to Register Marriage – Under the Special Marriage Act, 1954, couples can register their marriage even if they belong to different religions or castes.
5. Right to Live Together – The Supreme Court has recognized live-in relationships as valid and granted protection under the Domestic Violence Act, 2005.
6. Right to Legal Protection from Threats – Couples facing threats from families, relatives, or communities can seek protection from the police or courts.
• Inter-caste or Inter-religion Marriages – When families or communities object to the marriage due to caste or religious differences.
• Live-in Relationships – When a couple faces threats or legal challenges for choosing to live together.
• Same-Gender Relationships – Although same-gender relationships are decriminalized, social opposition can lead to harassment.
• Parental or Societal Threats – When families use force, coercion, or violence to separate couples.
• False Criminal Cases – When families file false complaints of kidnapping, abduction, or sexual offenses against one partner.
• Fear of Honor Killing – In extreme cases, couples face life-threatening situations due to social stigma.
1. Seeking Police Protection
• Couples can approach the local police station and file a request for protection.
• If the police fail to provide help, a complaint can be filed with the Superintendent of Police or higher authorities.
2. Filing a Writ Petition in the High Court
• Under Article 226 of the Constitution, couples can file a petition in the High Court seeking protection from threats or harassment.
• The High Court can direct the police to provide security and prevent unlawful interference.
3. Special Marriage Act, 1954
• Allows couples of different religions or castes to marry legally.
• Provides legal recognition and safeguards against family opposition.
4. Protection Under Domestic Violence Act, 2005
• Couples in live-in relationships can seek legal protection under this act.
• Provides security from physical, emotional, or financial abuse.
5. Approaching the Human Rights Commission
• Complaints can be filed with the National Human Rights Commission (NHRC) or State Human Rights Commission (SHRC) for protection against human rights violations.
6. Legal Aid and Counselling
• Couples facing opposition can seek legal aid services for guidance and support.
• NGOs and women’s rights organizations provide counseling and legal assistance.
• Aadhar Card or any ID proof
• Age proof of both partners (Birth certificate, school certificate, or Aadhar card)
• Marriage certificate (if applicable)
• Proof of threat or harassment (police complaint, messages, or witness statements)
• Affidavit stating voluntary relationship/marriage
Vakil360 provides expert legal services to help couples facing threats, harassment, or legal hurdles. Our services include:
• Filing petitions for protection in the High Court.
• Assisting in marriage registration under the Special Marriage Act.
• Providing legal aid and representation in court.
• Helping in obtaining police protection orders.
• Defending against false cases filed by families.
• Ensuring safety through legal mechanisms such as habeas corpus petitions.
