‘Sex is also a right to life’, key decision of the HC in the live-in case of a lesbian couple
Prayagraj : The Allahabad High Court has passed a landmark judgment against two lesbians in a live-in relationship. The High Court said that the morality of the society cannot affect the decision of the court. It is the duty of the court to protect the constitutional code of conduct and the rights of the people. The court directed Superintendent of Police Shamli to provide protection to the petitioners and said that no one should be harmed.
A bench of justices Shashikant Gupta and Pankaj Bhatia passed the order while disposing of petitions filed by Sultana Mirza, a resident of Shamli and Kiran Rani, a resident of Vivek Vihar. The petitioners said that Sultana and Kiran are adults and working. Also, their family and society are opposed to their live-in relationship, they are being harassed. She complained that she was not getting security from the police. She also argued that the Supreme Court, similar to many other countries in the world, has recognized homosexuality in the Navtej Singh Johar case. Live-in relationships are also valid.
Allahabad HC rejects petition objecting to the live-in relationship of two women in Shamli city.
HC said that enforcing the constitutional rights of citizens is its duty & not the 'morality' of a society.
The Court directed Shamli Police to give protection to the two women
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Sex is a right
A bench of Justice Shashikant Gupta and Justice Pankaj Bhatia termed sex as a right to life and said that they have the right to live as they wish. The right to sexual orientation is covered under section 21. The court said in its order that it was the duty of the court to protect constitutional rights. The court also directed the Shamli police to provide full security to the two.
