Protection to a lesbian couple, affirming that Article 21 remains applicable even when individuals of the same gender choose to reside together.
PUNJAB & HARYANA HIGH COURT
Pooja & Anr.
Vs.
Union of India
2023:PHHC:105975
Coram HON’BLE MR. JUSTICE ANOOP CHITKARA
DATE: 17.08.2023
FACTS:
Two young adult women who openly express their affection for one another and have been residing together in a live-in partnership for the past four years have approached this court to request state protection. They are invoking their fundamental right to life as guaranteed by Article 21 of the Indian ConstitutionTwo young adult women who openly express their affection for one another and have been residing together in a live-in partnership for the past four years have approached this court to request state protection. They are invoking their fundamental right to life as guaranteed by Article 21 of the Indian Constitution
COURT ANALYSIS AND DECISION:
If the claims about the perceived danger to their lives are proven true, it could result in an irreversible harm. Therefore, given the unique circumstances of this case, it is advisable for the relevant Superintendent of Police, Station House Officer (SHO), or any officer with appropriate authority in this matter, to offer suitable protection to the petitioners. This protection should involve at least two female police officers and should last for a period of two weeks starting today. However, if the petitioners find that they no longer require this protection, they can request for it to be discontinued even before the two-week period is up. Following this initial period, the concerned authorities should assess the situation regularly and continue the protection based on a day-to-day evaluation of the actual circumstances, or as per the verbal or written request of the petitioners.
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Written by- Srijan Garg