Uttarakhand High Court grants police protection to gay couple threatened by parents

Major persons have the fundamental right to choose their own partners, the Uttarakhand High Court observed last week while granting police protection to a gay couple allegedly being threatened by their family members [Rohit Sagar and Anr v State of Uttarakhand and Ors]..A Bench of Chief Justice RS Chauhan and Justice NS Dhanik also issued notice to the couple’s parents directing them to file their responses within four weeks while also asking the State to inform what action they have taken against them.“Undoubtedly, persons, who are major, have a fundamental right to choose their own life-partners, despite the opposition voiced by the family members. Therefore, the respondent nos. 4 to 8 (couple’s parents) should not be permitted to threaten or to hurt the petitioners,” the Court observed..The couple, Rohit Sagar and Mohit Goyal, had approached the Court arguing that they had fallen in love with each other and are in a live-in relationship. However, their parents never accepted the relationship and have been continuously threatening both of them with dire consequences. They further argued that even though they had submitted a representation to the Senior Superintendent of Police (SSP), Udham Singh Nagar district and the local Station House Officer (SHO) no action has been taken by them for their protection.Advocate Vikas Anand, appearing for the petitioners, submitted that both the petitioners are major and are, therefore, free to choose their life partners."Even if respondent nos. 4 to 8 are opposed to the marriage, they cannot be permitted to interfere with the fundamental rights of the petitioners. However, despite the representation made to the Senior Superintendent of Police, District Udham Singh Nagar, the police are yet to provide protection to the petitioners,” it was contended..The Court therefore directed the Police to extend protection not only to the petitioners but even their properties.The matter will now be taken up after four weeks.On a related note, a batch of petitions are pending before the Delhi High Court seeking a declaration to recognize the right of same-sex couples to marry under the Hindu Marriage Act, 1956..[Read Order]

Uttarakhand High Court grants police protection to gay couple threatened by parents

Prashant Jha

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