The Single Judge Bench of the Punjab and Haryana High Court, Justice Anoop Chitkara in the case of Pooja and another vs. State of Punjab and others has granted police protection to the lesbian couple and observed that every person in the territory of India has an inherent and indefeasible fundamental right to life flowing from Article 21 of India’s constitution, and the State is duty-bound to protect life.
Facts of the Case
Two young adult females who declare their fondness for each other and have been staying together in a live-in relationship for the last four years have come up before this Court seeking protection through the State by invoking their fundamental rights of life guaranteed under Article 21 of the Constitution of India.
Reasoning and Decision of the Court
The Court issued notice to the Respondents and expounded that it remains undisputed that the petitioners are above 18 years of age; as such, they are adults and have all the legal rights to live as they desire, so long it does not violate any law.
The Court further observed that some segments of societies cannot keep pace with the boldness of expression, courage not to be subservient, and the rapidly changing ethos and lifestyles that Gen-Z and millennials might like to embrace or follow, including openly proclaiming their attraction towards persons of similar gender.
The Court also relied on landmark precedents and held that in the facts and circumstances peculiar to this case, it shall be appropriate that the concerned Superintendent of Police, SHO, or any officer to whom such powers have been delegated or have been authorized in this regard, provide appropriate protection to the petitioners and shall depute atleast two female police officials for their protection for two weeks.
Case Details
Case:- CRWP No.8041 of 2023
Petitioner:- Pooja and another
Respondent:- State of Punjab and others
Counsel for the Petitioner - Mr. Japsehaj Singh
Counsel for the Respondent - M Mr. Shiva Khurmi
Judge: Justice Anoop Chitkara
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