The Allahabad high court while dealing with a petition filed by two major girls, who are living in live- in-relationship, has directed the police officers to provide necessary protection from harassment.
The court while disposing off the present petition ordered that,
“Considering the facts and circumstances of the case, we direct the Senior Superintendent of Police, Saharanpur to extend suitable protection to the petitioners in the event they approach the Senior Superintendent of Police, Saharanpur for the necessary protection and ensure that no harassment is caused to them.”
The present writ petition has filed by the two major girls who are living in live-in-relationship since a couple of years and are voluntarily living with each other on account of their sexual orientation and facing hard resistance at the hand of their family members.
The petitioner has submitted before the court that they are being threatened with violation of their rights enshrined under Article 21 of the Constitution of India only on the ground of their sexual orientation. It has pointed out by the petitioners in the present petition by stating that,
“The stark reality of the society where the citizens are facing discrimination at the hands of the society only on account of their sexual orientation despite it being well settled that sexual orientation is innate to human being.”
The Division Bench comprised of Justice Mahesh Chandra Tripathi and Justice Sanjay Kumar Pachori has observed that,
“This Court being a constitutional Court is duty bound to monitor and observe the Constitutional morality as well as the rights of the citizens which are under threat only on account of the sexual orientation.”
Case details
Case :- WRIT - C No. - 1213 of 2021
Petitioner :- Poonam Rani And Another
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Dhiraj Kumar Pandey
Counsel for Respondent :- C.S.C.Bench: Justice Mahesh Chandra Tripathi and Justice Sanjay Kumar Pachori
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