Abstract: This research paper aims to explore the critical and transformative role of the Indian judiciary in giving shape, strengthening, and progressively interpreting, while positively implementing constitutional human rights jurisprudence. The judiciary, being the guardian of the Constitution, has always filled the gap between legislative inertia and the evolving needs of society. A key focus of this paper is on live-in relationship couples and an entire category of people that continues to face a legal and social limbo and social stigma due to the absence of clear statutory recognition of their social choices. Such live-in relationship couples, despite exercising their right to personal liberty and freedom of choice, which is constitutionally protected, frequently have to face legal uncertainties, social barriers, and administrative challenges that undermine their dignity and lawful security. Through various progressive and precedent-setting judgments, the judiciary has attempted to protect and establish the fundamental rights of such couples. These judgements have ensured the constitutional guarantees, such as the right to equality, life, liberty, and privacy, to these couples who do not fit into traditional marital norms. Courts have shifted social values and living experiences by interpreting constitutional provisions and have played a crucial role in a deeper understanding of human rights This paper scrutinizes these judicial efforts by studying landmark rulings and examining them, tracing the development of legal interpretations over time, and observing how courts have handled all the challenges faced by live-in relationship couples. The paper further criticizes the limitations faced by current legal frameworks that fail to provide comprehensive protection and recognition to live-in relationships. Finally, it advocates for a holistic approach that encourages judicial insights and proactive legislative measures. It will help to create an environment that is legally upright and where individual autonomy, dignity, and non-marital partnerships are respected as a choice and legally safeguarded under the umbrella of constitutional justice.
Waghmare et al. (Tue,) studied this question.