Punjab & Haryana High Court Directs Police To Consider Protection Plea Moved By Same Sex Live-In Couple

The Punjab & Haryana High Court had directed the Senior Superintendent of Police to look into and pass appropriate orders on representation filed for police protection by a same-sex live in couple.

Justice Jasjit Singh Bedi said, "At this stage, without expressing any opinion on the merits of the case, as well as on the age and nature of the relationship between the petitioners, I deem it appropriate to direct respondent No. 2-Senior Superintendent of Police, District Barnala to look into the matter and pass an appropriate order on the representation allegedly filed by the petitioners before him on 07.08.2023."

The Court further added that it would be appreciated if necessary orders are passed within one month from the date of receipt of the copy of the order.

These observations came in response to the plea filed by a lesbian live-in couple seeking protection from their family members who objected to their relationship.

The counsel for petitioners argued that a marriage is not a must for providing security to a couple in a ‘live-in- relationship’ because protection qua life and liberty is sacrosanct and stands at the highest pedestal.

Considering the petition, the Court directed the SSP, Barnala to look into the matter. Hence, the plea was disposed of.

The Supreme Court on Tuesday, refrained from granting legal recognition for same-sex marriages, however it directed the State to take steps to end the discrimination faced by queer couples and to ensure protection for their right to cohabitation.

It is pertinent to note that the Punjab & Haryana High Court had earlier granted protection to a lesbian couple stating that Article 21 of the Constitution of India does not cease to apply when people of the same gender decide to live together.

The bench of Justice Anoop Chitkara had observed, "Love, attraction, and fondness have no boundaries, and not even the boundary of gender. However, some segments of societies cannot keep pace with the boldness of expression, courage not to be subservient, and the rapidly changing ethos and lifestyles that Gen-Z and millennials might like to embrace or follow, including openly proclaiming their attraction towards persons of similar gender," the Court remarked as it underscored that Article 21 is equally applicable to same-sex live-in couples."

Appearance: Jasmeet Singh, Advocate for the petitioners

Kirat Singh Sidhu, DAG, Punjab.

Case Title: X v. State of Punjab & Ors.

Click here to read/download the order