LI Network
Published on: 18 August 2023 at 12:43 IST
The Punjab and Haryana High Court has emphasized that Article 21 of the Indian Constitution continues to apply even when individuals of the same gender opt to live together. The court has granted police protection to a lesbian couple engaged in a same-sex live-in relationship.
Justice Anoop Chitkara issued this directive in response to a protection plea filed by a major lesbian couple who have been residing together in a live-in arrangement for the past four years.
The court underscored that adults possess the legal rights to live as they choose, as long as their actions do not contravene any existing laws. It asserted that living in a live-in relationship does not inherently violate any provisions of the law.
The court emphasized that love, attraction, and affection have no boundaries, including the bounds of gender. It acknowledged that while certain segments of society might not be in sync with the boldness of expression and changing lifestyles embraced by younger generations, Article 21 remains equally applicable to same-sex live-in couples.
Recognizing that every individual within the country has an inherent and inviolable fundamental right to life as outlined in Article 21 of the Constitution, and that the state is responsible for safeguarding life, the court directed the relevant authorities to ensure the safety of the petitioners.
The court ordered that at least two female police officers be assigned to protect the petitioners for a two-week period, commencing from the current date. If the petitioners no longer require protection, they may request its discontinuation prior to the two-week term. Subsequently, the court mandated that protection be extended based on ongoing assessments of the situation or upon the petitioners’ requests.
