P&H HC Orders SSP To Provide Representation for Protection of Life And Liberty For Same-Sex Couple

Punjab & Haryana HC Orders SSP To Provide Representation for Protection of Life And Liberty For Same-Sex Couple

July 24, 2020, Friday

Narayani Sepaha

The Punjab and Haryana High Court issued an order to the Mohali SSP to verify the threat perception of a same-sex couple and accordingly take the necessary steps for their protection of life and liberty as per the law.

The girls who are in a live-in relationship residing in a shared accommodation approached the Court seeking protection of their life and liberty from their family members. While addressing the matter, the counsel told the Court that both of them are well aware of the fact that their relationship does not constitute a marriage, due to the same-sex nature of the relationship. It was also urged before the Court that representation for protection had been filed a month before, but no subsequent action had been taken.

The Single Judge opined on the matter and said: “Be that as it may, the petitioners are entitled to the protection of their lives and liberty as envisaged under Article 21 of the Constitution of India, regardless of the nature of the relationship between them. Assuming, they were living simply as friends together, even then they are constitutionally entitled to live in peace. The legitimacy of their relationship with each other, therefore, is of no consequence viz-a-viz their right to life and liberty,” Justice Monga said in the order dated July 20.

The Court also pointed out that the social unacceptability of the couple’s relationship by their families is causing them to live under a constant state of fear, accordingly SSP, Mohali was directed to take the necessary steps to look into their representation for protection of life and liberty.

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