Their family members or any other person can’t be allowed to disrupt their live-in relationship”: Court
A bench comprising Justice Dr Gautam Chowdhary has passed the order on a petition filed by Hindu-Muslim Lesbian couple seeking police protection.
Recently, the Allahabad High Court asked the UP Police to provide protection to a Hindu-Muslim lesbian couple whose live-in relationship was under threat by their family members.
Passing the order on September 14, the Court said that the couple can peacefully live together and added that no one, including their family members could intervene in their affairs.
“We interacted with the Petitioners and found that both of them are major. Both have decided to live together of their own free will. Without any pressure, fear or undue influence they have taken a decision to continue live-in relationship,” the Court observed.
The Court added that both of them are educated and fully capable of understanding what is good for their well-being. They have entered into the live-in relationship out of their free consent.
“Their family members or any other person can’t be allowed to disrupt their live-in relationship. If at all there is any hurdle created in the live-in relationship of the Petitioners, police shall provide security to them. Police shall first verify that both of them are major and are living together of their own free consent,” the order said.
Petitioners through their counsel said that they are unmarried and have entered into live-in relationship. The counsel added that the petitioners belong to different religion and are of same-sex. There is a threat to life of petitioners from their family members and they be provided protection by police, the counsel had said.
State opposed the plea by submitting that same-sex relationship is not accepted in the society. Counsel for the state argued that same-sex relationships hamper natural and traditional set up of the society.
“This Court after hearing explained the petitioners that legal rights available to them. The Court further interacted with the petitioners,” the Court said.
The Court referred to the judgement pronounced by the Supreme Court on live-in relationships and said that live-in relationship is the fundamental right of two adult citizens who have chosen to live together.
“The family member of petitioners, other relatives or any section of the society at large can’t violate their physical liberty to enjoy this freedom,” the Court added.
“There is no legally recognized institution of marriage between the petitioners. However, the lack of such recognition can’t give anyone the right to assault the dignity and physical safety of adult citizens of this country,” the order further said.
The Court granted security to the petitioners.
Note : The order was issued in Hindi.
Amar Nath Singh, Advocate represented the petitioners with the assistance of Anadi Srivastava, Advocate, Anju Yadav, Advocate, Mahendra Yadav, Advocate, Poonam Yadav and Prajjwal Yadav.
