Article 21 Doesn't Cease If People Of Same Gender Decide To Live Together: P&H High Court Grants Protection To Lesbian Couple

Observing that Article 21 of the Constitution of India does not cease to apply when people of the same gender decide to live together, the Punjab and Haryana High Court today granted police protection to a same-sex live-in couple.

The bench of Justice Anoop Chitkara passed this order while dealing with a protection plea filed by a major lesbian couple who have been staying together in a live-in relationship for the last four years.

In its order, the Court specifically observed that adults have all the legal rights to live as they desire, so long it does not violate any law. The Court added that prima facie, living together in a live-in relationship does not violate any provision of law in force.

"Love, attraction, and fondness have no boundaries, and not even the boundary of gender. However, 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 remarked as it underscored that Article 21 is equally applicable to same-sex live-in couples.

Further, noting 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, the Court directed the concerned Superintendent of Police, SHO, or any officer to provide appropriate protection to the petitioners.

In this regard, the Court directed that at least two female police officials be deputed for the protection of the petitioners for two weeks from today. However, the Court added, if the petitioners no longer require the protection, then at their request it may be discontinued even before the expiry of two weeks.

After that, the concerned officers have been asked to extend the protection on day-to-day analysis of the ground realities or upon the oral or written request of the petitioners.

With these directions, the plea was disposed of.

Case title - Pooja and another vs. State of Punjab and others [CRWP No.8041 of 2023]

Case Citation: 2023 LiveLaw (PH) 144

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