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Allahabad High Court orders police protection for same-sex couple under threat due to sexual orientation.
The Allahabad High Court in the case of Sultana Mirza and Another vs. State of U.P and Ors., held that the Court being a constitutional Court is duty-bound to monitor and observe constitutional morality as well as the rights of the citizens which are under threat on the account of the sexual orientation. The petitioners claim that they are living in a live-in- relationship for a couple of years and are voluntarily living with each other on account of their sexual orientation. The petitioners also stated that they faced resistance from their family members and immediate society. They were also under constant threat by the family members.
The counsel for the petitioners also referred to the case of Navtej Singh Johar and Others vs. Union of India, (2018) 10 SCC 1 stating that the petitioners’ rights enshrined under Article 21 of the Constitution of India are being violated only on the grounds of their sexual orientation. The Court noted the plight of the LGBT community in the context of these constitutional principles. The HC also referred to the comparative jurisprudence across the world. It was observed that sexual orientation is an intrinsic element of liberty, dignity, privacy, individual autonomy, and equality. This is beyond the legitimate interests of the state. The state is not to discriminate on the basis of sexual orientation. The court stated that the state is also required to recognize rights that bring true fulfillment to same-sex relationships.
The Apex Court also held that constitutional morality is the guiding spirit to achieve transformation. To achieve this transformation, it’s mandatory for the citizens to look into the principles of liberty, equality and fraternity. Thus keeping in view of the facts and circumstances of the case, the High court of Allahabad held that the Court being the highest constitutional court has the responsibility to monitor the preservation of constitutional morality as to foster conditions of human dignity and liberty to flourish. Therefore the HC directed the Superintendent of Police to extend suitable protection to the petitioners to ensure that no harassment is caused to them.
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