Rights

Allahabad HC Asks Shamli SP To Give Protection To a Same-Sex Couple

The petitioners said they have been in a live-in relationship for several years but facing resistance from their family and society because of their sexual orientation.

Allahabad: The Allahabad high court on Monday ordered the Shamli superintendent of police to provide security to a same-sex couple allegedly facing resistance and harassment from the family and society.

A division bench of justices S.K. Gupta and Pankaj Bhatia gave the direction on a plea by Sultana Mirza and Kiran Rani of Shamli.

The petitioners said they have been in a live-in relationship for several years but facing resistance from their family and society because of their sexual orientation.

In their pleas, they also apprehended harassment and threat to their lives because of their relationship.

Petitioners relied on Navtej Singh Johar case in which the Supreme Court considered the plight of LGBTQIA+ (Lesbian, Gay, Bisexual, Transgender, Queer and others ).

The bench gave its order relying on the principles laid down by the apex court in the case that any kind of discrimination based on the sexual orientation of a person is unconstitutional.

In the Johar case, the apex court had also ruled that the sexual orientation is an intrinsic element of liberty, dignity, privacy, individual autonomy and equality, and the intimacy between consenting adults of the same sex is beyond the legitimate interests of the state.

While allowing the petition, the bench said that a constitutional court is duty-bound to monitor and observe the constitutional morality as well as rights of the citizen which are under threat only on account of the sexual orientation.

“We direct the Shamli superintendent of police to extend suitable protection to the petitioners in the event they approach for necessary protection and ensure that no harassment is caused to them,” the court ruled.