The Allahabad High Court has directed the Uttar Pradesh Police to provide protection to a Hindu-Muslim lesbian couple who approached the Court alleging threats from their family members over their decision to live together.
In an order passed on September 14, Justice Dr Gautam Chowdhary observed that the couple, being adult citizens who had chosen to live together voluntarily, had the freedom to peacefully continue their relationship without interference from family members or any other person.
The Court noted that both petitioners were majors and capable of understanding their own well-being, and that their decision to live together was based on their free consent.
Accordingly, the Court directed that if any obstruction was caused to their live-in relationship, the police should immediately provide them security after verifying that both were major and were living together voluntarily.
The petitioners’ counsel had submitted that the two women were unmarried and had been living together in a relationship. They belonged to different faiths and were of the same sex. It was further submitted that they faced a serious threat to their lives from their family members and therefore required immediate police protection.
Opposing the plea, the State contended that there was no acceptance of same-sex relationships and argued that such relationships affected the natural and traditional framework of society.
After interacting with the couple, however, the Court found that both were major and had decided to live together voluntarily, without any pressure, fear or undue influence.
Relying on the law laid down by the Supreme Court, the High Court observed that two adult citizens have a fundamental right to live together by choice, including in a live-in relationship.
The Court further held that family members, relatives or any section of society had no legal right to interfere with or violate the physical liberty of adults who had chosen to live together.
It also observed that the absence of marital recognition could not be treated as a ground to permit anyone to interfere with the dignity or physical safety of adult citizens.
Considering that both petitioners were major, educated and capable of understanding their own well-being, the Court found no reason to deny their request for police protection.
The order was delivered in Hindi.
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