Indian court observes 'true love' between teens can't be controlled by state action

The Delhi High Court observed that the authenticity of "true love" among adolescents cannot be restrained by state intervention. The judgment came as the court dismissed a kidnapping and rape case against a man who eloped with a girl nine years ago when she was a minor.

What was the conflict?

The court acknowledged the complex dilemma faced when listening to the justifications ofpolice action against an adolescent couple who chose to marry and build a peaceful life together while abiding by the law of the land.

Justice Swarana Kanta Sharmain the five-page order made public on Wednesday (January10) remarked, "This court has time and again reached a conclusion that true love between two individuals, one or both of whom may be minor or minors on the verge of majority, cannot be controlled through rigors of law or state action."

The case involved the cancellation of a First Information Report (FIR)filed in 2015, accusing the man of kidnapping and sexually assaulting the girl. The court noted that sustaining the FIR would jeopardise the future of the couple's two daughters.

"The cases, as the present one, are those where the dilemma of the judge, which may be rare, has to take into account the delicate balance which the constitutional court or courts of law have to strike between the law and its strict application and the repercussion of its judgments and orders by application of such laws on the society as a whole and the individuals who are before it," Justice Swarana Kanta Sharma added.

On balancing legal considerations on individuals vis-a-vis society

The couple, who had married according to Muslim rites after eloping, faced legal scrutiny when the girl's father lodged the FIR. The court observed that despite the legal challenges,the couple has been happily married for nine years and has two daughters.

Also watch |India's Supreme Court on Delhi pollution

Highlighting the importance of balancing legal considerations with the impact on individuals and society, the court concluded, "While one side of the scale carries the law, the other side may carry the entire life, happiness, and future of toddlers, their parents, and family members. The application of law is meant for maintaining the rule of law, but it must also consider the pure happiness devoid of criminality."

(With inputs from agencies)