Home Uttar Pradesh Allahabad UP: Allahabad HC orders police to give protection to same-sex couple facing resistance | Allahabad News

UP: Allahabad HC orders police to give protection to same-sex couple facing resistance | Allahabad News

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UP: Allahabad HC orders police to give protection to same-sex couple facing resistance | Allahabad News

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PRAYAGRAJ: The Allahabad high court, while directing the superintend of police (SP), Shamli, to give protection to a same-sex couple which alleged resistance from family and society, observed that “a constitutional court is duty-bound to monitor and observe the constitutional morality as well as rights of a citizen which are under threat only on account of sexual orientation”.
Disposing of a writ petition filed by Sultana Mirza and Kiran Rani of Shamli, a division bench comprising Justice Shashi Kant Gupta and Justice Pankaj Bhatia also directed the SP to ensure that the couple is not harassed by anyone.
The petitioners claimed that they were in a live-in relationship for a long time but were facing resistance from their families and society because of their sexual orientation. In the petition, they apprehended harassment and threat to their life because of their relationship.
The petitioners relied on Navtej Singh Johar case whereby the Supreme Court considered the plight of the LGBT community. Passing the above directives, the court relied on principles laid down in Johar case that any kind of discrimination on the basis of sexual orientation of a person is unconstitutional.
Further, sexual orientation is an intrinsic element of liberty, dignity, privacy, individual autonomy and equality and intimacy between consenting adults of the same sex is beyond the legitimate interests of the state.
The court while disposing of the petition said that a constitutional court is duty-bound to monitor and observe the constitutional morality as well as rights of a citizen which are under threat only on account of the sexual orientation.
The court observed, “We direct superintendent of police, Shamli 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 direction was passed on November 2.

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