The Allahabad High Court has recently issued a directive to the Uttar Pradesh Police, mandating the provision of protection for a Hindu-Muslim lesbian couple facing familial threats due to their live-in relationship. On September 14, Justice Dr. Gautam Chowdhary emphasized the couple’s right to cohabit peacefully, free from interference by their families or any third parties.
In his ruling, Justice Chowdhary acknowledged that both individuals, being adults, are fully capable of making decisions regarding their personal well-being, with their choice to live together being based on mutual consent. The court ordered that should any impediment arise to their relationship, the police must promptly offer security after confirming that the couple is of legal age and residing together by mutual agreement.
The petitioners’ legal counsel earlier highlighted that the couple, who are unmarried and belong to different religious backgrounds, face serious threats to their safety from their families, necessitating immediate police protection. In contrast, the State argued against the acceptance of same-sex relationships, citing concerns over societal norms and traditional values.
Upon interaction with the couple, the court noted their decision to cohabit was made voluntarily, without coercion or undue influence. Referring to precedents set by the Supreme Court, the judiciary reiterated that entering a live-in relationship is a fundamental right for consenting adults, and interference by family, relatives, or societal factions is legally impermissible.
Furthermore, the court stated that the absence of legal marital recognition does not justify any infringement on the couple’s dignity or physical safety. Given that the petitioners are adults, educated, and capable of understanding their own welfare, the court found no grounds to deny their request for protection.
The ruling was documented in Hindi. The petitioners were represented by Advocates Amar Nath Singh, Anadi Srivastava, Anju Yadav, Mahendra Yadav, Poonam Yadav, and Prajjwal Yadav.
