Noting that it was its duty to monitor the rights of citizens which are under threat only on account of their sexual orientation, the Allahabad High Court last week ordered for police protection for a same-sex couple.
The two women had approached the High Court seeking directions to their respective families to not adopt any coercive process against them and to not interfere in their peaceful living.
Relying on the circumstances as averred in the petition, a Bench of Justices Mahesh Chandra Tripathi and Sanjay Kumar Pachori proceeded to observe,
“The petition highlights the stark reality of the society where the citizens are facing discrimination at the hands of the society only on account of their sexual orientation despite it being well settled that sexual orientation is innate to human being.“
The Court noted that both the petitioners were majors and were earning substantially on their own.
“Both the petitioners are living in live-in-relationship since a couple of years and are voluntarily living with each other on account of their sexual orientation. They are also facing hard resistance at the hand of their family members”, the Court remarked.
In light of the alleged circumstances, and while relying on the Supreme Court’s judgment in Navtej Singh Johar, the High Court remarked,
“….this Court being a constitutional Court is duty bound to monitor and observe the Constitutional morality as well as the rights of the citizens which are under threat only on account of the sexual orientation…”
Accordingly, the Bench went on to direct the Senior Superintendent of Police, Saharanpur to extend suitable protection to the petitioners in the event they approached him for protection and to ensure that no harassment was caused to them.
With these directions, the petition was disposed of.