Allahabad High Court Orders Police Protection To Same-sex Couple

The Allahabad High Court granted protection to a same-sex couple after they alleged harassment at the hands of family members and neighbours. The court while directing the Superintendent of Police (SP) of Shamli district to give protection to the couple, said that a constitutional court is duty-bound to monitor and observe constitutional morality as well as the rights of the citizens which were in this case under threat only on account of their sexual orientation. 

Duty bound to protect rights under threat on account of sexual orientation: Allahabad HC orders police protection for same-sex couple

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According to the Times of India, the petitioners, Sultana Mirza and Kiran Rani, in their plea claimed that they were in a live-in relationship for a couple of years but they faced harassment from family members and society because of their sexual orientation.

Also Read: Legalising Same Sex Marriages- is it what the Queer Community wants?

The Court noted that their relationship had somehow faced resistance at the hands of their family members as well as the society. Subsequently, the bench of Justices Shashi Kant Gupta and Pankaj Bhatia directed the Superintendent of Police, Shamli district, to ensure that no harassment was caused to them.

As per the report, "the Court said the petition highlighted the stark reality of a society where the citizens faced discrimination only on account of their sexual orientation despite it being well settled that sexual orientation was innate to human beings".

The High Court cited the Supreme Court verdict of Navtej Singh Johar case whereby the Supreme Court considered the plight of the LGBT ( Lesbian, Gay, Bisexual, and Transgender) community. The Allahabad High Court relied on the principles of Johar’s case and said any kind of discrimination on the basis of the sexual orientation of a person is unconstitutional.

Also Read: Sanna Marin, World’s Youngest PM, Is A Daughter Of Same Sex Parents

Same-sex couples in India

In October, a plea was filed in the Delhi High Court to allow same-sex couples to solemnise their marriage under the Special Marriage Act, 1954. The couple was together for the last eight years and they even shared finances. The petition stated that the right to choose one’s partner is a fundamental right guaranteed under Article 21 which must extend to same-sex couples as well. Read more here

Also Read: Dutee Chand Faces Backlash From Family Over Same Sex Relationship

In January, a gay couple from Kerala moved to the Kerala High Court seeking legislation to enable same-sex couples to get their marriage registered too. The couple – Nikesh Usha Pushkaran and Sonu MS got married in 2018. The couple said that even after marriage, the religious and temple authorities were not ready to solemnise their marriage. Subsequently, they decided to register their marriage under the Special Marriage Act. The fundamental requirement under the Special Marriage Act for a valid marriage is the consent of both parties to the marriage. You can read more  here.

Sagrika Giri is an intern with SheThePeople.TV