'State Can't Shirk Duty To Ensure Citizens' Safety': P&H High Court Directs SSP To Consider Same-Sex Couple's Protection Request

The bench of Justice Gurvinder Singh Gill passed this order on the plea of two women (21 and 24 years old) who had moved the Court seeking protection against the private respondents, who are opposed to the live-in relationship of the petitioners and do not approve of their intentions to solemnize ‘same-sex marriage’.

Their counsel submitted before the Court that both the petitioners are well educated and are pursuing private jobs and know each other for the last about 3 years, having been working at a common workplace.

It was further stated that on account of their fondness for each other, they have been residing together in a live-in relationship, but have not solemnized the marriage, as ‘same sex marriage’ is not legalized in India so far. 

At the outset, the bench noted that Article 21 of the Constitution of India specifically provides that no person shall be deprived of his life or personal liberty except according to procedure established by law and that the State is duty-bound to ensure the safety of its citizens.

Though the Court refrained from commenting upon the validity of the reasons, which furnish apprehension to the petitioners as regards their security or as regards their relationship, it reminded the State that it cannot shirk from its duty to ensure the safety of its citizens in case, they have a genuine apprehension of being caused any harm.

As such, without commenting as regards the nature or propriety or legality of the relationship amongst the petitioners, the Court disposed of the instant petition with a direction to respondent No.2 i.e. Senior Superintendent of Police, UT Chandigarh to get the representation of the petitioners examined as regards alleged threat perception of the petitioners.

In case, it is found that there is a genuine threat to the lives and liberty of the petitioners, then necessary steps warranted under law be taken thereupon at the earliest so as to ensure that no harm is caused to the petitioners, the Court further directed.

Case title - XXX and another vs. State of UT Chandigarh & others

Citation: 2023 LiveLaw (PH) 56