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"Major Persons Have A Fundamental Right To Choose Life-Partners": Ut'khand HC Grants Protection To Live-In Gay Couple

Sparsh Upadhyay
19 Dec 2021 1:26 PM GMT
Major Persons Have A Fundamental Right To Choose Life-Partners: Utkhand HC Grants Protection To Live-In Gay Couple
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The Uttarakhand High Court last week granted protection to a Gay couple in a live-in relationship by directing the Police to provide them immediate protection after observing that individuals who are major have a fundamental right to choose their life partners despite the opposition voiced by their family members.A division bench comprising of Chief Justice Raghvendra Singh Chauhan and Justice...

The Uttarakhand High Court last week granted protection to a Gay couple in a live-in relationship by directing the Police to provide them immediate protection after observing that individuals who are major have a fundamental right to choose their life partners despite the opposition voiced by their family members.

A division bench comprising of Chief Justice Raghvendra Singh Chauhan and Justice N. S. Dhanik was dealing with a plea filed by a gay couple namely Rohit Sagar and Mohit Goyal who are in a live-in relationship and have decided to live together for whole life.

It was their plea before the Court that the respondent Nos. 4 to 8, who are the parents of petitioner Nos. 1 and 2, never gave acceptance to this relationship and therefore, they are continuously threatening both the petitioners with dire consequences.

They also submitted before the Court that despite the fact that they had submitted a representation to the Senior Superintendent of Police, District Udham Singh Nagar and the S.H.O., P.S. 2 Rudrapur, no action has been taken by him for protecting the lives and property of both the petitioners. 

In view of this, the Court ordered thus:

"Undoubtedly, persons, who are major, have a fundamental right to choose their own life-partners, even in spite of the opposition voiced by the family members. Therefore, respondent Nos. 4 & 8 should not be permitted to threaten or to hurt the petitioners," the Court observed.

Hence, the Court directed the respondent no. 2, the Senior Superintendent of Police, District Udham Singh Nagar, to immediately provide police protection to both the petitioners.

"The protection shall not only be for their lives, but shall also extend to protecting their property, if any," the Court further added.

Lastly, issuing ad notice to respondent nos.4 to 8, the court made the notice returnable within four weeks. Meanwhile, the Deputy Advocate General for the State sought four weeks' time to file a counter-affidavit.

Therefore, he was directed to inform the Court about the steps taken by the police against the private respondents, if any.

Click Here To Read/Download Order

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