On Monday, the High Court of Allahabad granted protection from harassment to a same sex couple from UP, while citing the Apex Court’s verdict in Navtej Singh Johar vs UOI.
While pronouncing the judgement Hon’ble Allahabad High Court reiterated the principles that were laid down in Navtej Singh Johar vs UOI and observed the following:-
- Sexual orientation is an important element of dignity, liberty, equality, individual autonomy and privacy.
- Intimacy between consenting adults of the same sex is beyond the interest of State
- Current Sodomy laws violate by targeting specific sections of the society based on their sexual orientation.
- Such archaic laws which perpetuate stereotypes and has a chilling effect on the exercise of freedom.
- Right to find fulfilment in the same-sex relationship and the right to love is essential to the society which beliefs in true freedom
- States should recognise the rights of same-sex couples and should not discriminate against them.
Facts of the case:-
The petitioners in the case were gainfully employed females who were voluntarily living with each other based on their sexual preference.
Allahabad High Court noted that the couple faced resistance from their families and from the immediate society and as per the petitioners, there was a threat to their life.
Directions of the Court
After considering the situation of the couple, the Court directed the Superintendent of the Police to extend protection to the couple and to ensure that they are not harassed.
The Court remarked that Constitutional Morality is the guiding spirit to achieve the transformation which the Constitution seeks to achieve and the citizens need to have a closer look, understand and imbibe the values of the Constitution, which are based on equality, liberty and fraternity.
Title: Sultana Mirza & Anr. v. State of UP & Ors.
Case No. Writ C 17394 of 2020
Coram: Hon’ble Justice Shashikant Gupta and Hon’ble Justice Pankaj Bhatia
Date of Order: 2.11.2020