An Allahabad HC judge is using morality norms to deny protection to live-in couples

Does popular morality trump Constitutionally-guaranteed fundamental rights? Justice Renu Agarwal’s track record at the Allahabad High Court would seem to indicate so.

Scroll’s analysis of Agarwal’s rulings in almost 400 petitions by couples seeking the High Court’s protection from the threat of violence from the community shows that she granted such orders only to married couples who had registered their marriages and had no first information reports pending against them.

On the other hand, unmarried couples were never granted protection from violence or interference.

In addition, Agarwal has, through her judgments, created the legal requirement that unmarried inter-faith couples may live together only if one of them converts to the religion of the other.

On March 11, the Supreme Court had in a judgment issued guidelines stating that courts “must grant an ad-interim measure, such as immediately granting police protection to the petitioners, before establishing the threshold requirement of being at grave risk of violence and abuse”.

However, Agarwal delivered at least three orders denying protection to live-in couples after that.

Who is Justice Renu Agarwal?

Agarwal was appointed as Additional Judge of the Allahabad High Court on August 15, 2022. She was promoted from the subordinate judiciary, where she had been serving as a district judge.

She was appointed as a permanent judge of the High Court on September 25 last...

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