The Allahabad High Court recently directed the Uttar Pradesh Police to ensure protection for a Hindu-Muslim lesbian couple whose live-in relationship was being threatened by their family members.
In the order passed on September 14, Justice Dr Gautam Chowdhary observed that the couple has the freedom to peacefully live together without any interference from their family members or any other person.
The Court found that both of them are fully capable of understanding their well-being and that their decision was based on free consent.
Accordingly, the Court directed that in case of any obstacle to the couple's live-in relationship, the police shall immediately provide security to them after verifying that they are major and living together voluntarily.
Counsel representing the petitioners earlier submitted that they are unmarried and are in a live-in relationship. The Court was told that they belong to different faiths and are of the same sex. The counsel added that there was a serious threat to their life from their family members and thus they needed to be provided immediate police security.
In response, the State said that there was no acceptance for same-sex relationships. It was argued that same-sex relationships affect the natural and traditional framework of society.
The Court, after interacting with the couple, observed that they were major and decided to live together without any pressure, fear or undue influence.
Considering the law laid down by the Supreme Court, the Court said that being in a live-in relationship is a fundamental right of two adult citizens who decide to live together by choice.
It added that family members, other relatives or any section of society has no legal right to disrupt or violate their physical liberty. The Court also said the lack of marital recognition does not give anyone the liberty to attack the dignity and physical safety of adult citizens.
Considering the fact that both the petitioners are major, educated and fully capable of understanding their well-being, the Court said there was no reason to deny their prayer for security.
The order was written in Hindi.
Advocate Amar Nath Singh, Anadi Srivastava, Anju Yadav, Mahendra Yadav, Poonam Yadav and Prajjwal Yadav represented the petitioners.