Allahabad HC Protects Hindu-Muslim Lesbian Couple Facing Family Threats

The Allahabad High Court has directed Uttar Pradesh Police to protect a Hindu-Muslim lesbian couple whose live-in relationship was being threatened by their family members, Bar and Bench reported.

In an order passed on September 14, Justice Gautam Chowdhary held that the couple is free to live together peacefully without interference from family members or any other person. The court further directed police to provide immediate security if any obstacle arises, after verifying that both women are major and are living together voluntarily.

The order followed a petition by the couple, who told the court they faced a serious threat to their lives from family members. The court treated their choice to live together as a protected liberty and linked that protection to their dignity and physical safety.

Why Did The Couple Approach The Court?

The court found both women were capable of understanding their own well-being and that their decision to live together was based on free consent.

After interacting with the couple, the court observed that they were major and had chosen to live together without pressure, fear or undue influence. On that basis, it directed police to step in at once if their live-in relationship faces any obstruction.

The court relied on the law laid down by the Supreme Court. It held that a live-in relationship is a fundamental right of two adult citizens who choose to live together. It also held that family members, other relatives or any section of society have no legal right to disrupt or violate their physical liberty, according to the report.

The court went further. It held that the absence of marital recognition does not give anyone the liberty to attack the dignity and physical safety of adult citizens. Since both petitioners were major, educated and fully capable of understanding their well-being, the court held there was no reason to deny their plea for security.

What Did The Allahabad HC Say?

Counsel for the petitioners submitted that the two women are unmarried and in a live-in relationship. The court was informed that they belong to different faiths and are of the same sex.

Their counsel also submitted that they faced a serious threat to their lives from family members and needed immediate police protection. The State objected to the plea and argued that there was no acceptance for same-sex relationships.

The State further argued that same-sex relationships affect the natural and traditional framework of society. The order, written in Hindi, recorded these rival submissions before granting protection to the couple.

Advocates Amar Nath Singh, Anadi Srivastava, Anju Yadav, Mahendra Yadav, Poonam Yadav and Prajjwal Yadav appeared for the petitioners.