The Punjab and Haryana High Court in the case X v. State of Punjab & Ors observed and has 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.
The bench headed by Justice Jasjit Singh Bedi in the case observed and stated that this court deems fit to direct respondent No. 2-Senior Superintendent of Police, District Barnala to look into the matter and in order to pass an appropriate order on the representation allegedly filed by the petitioners before him on August 07, 2023.
Further, the court stated that it would also be appreciated that if the necessary orders are passed within one month from the date of receipt of the copy of the order.
The court in the case made the said observations in response to the plea moved by the lesbian live-in couple wherein seeking protection from their family members who objected to their relationship.
The counsel appearing for the petitioner argued before the court that the 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.
The court while considering the plea directed the SSP, Barnala to look into the matter.
The Supreme Court in the case observed and is refrain from ranting legal recognition for same-sex marriages. Thus, it has also directed the State to take steps to end the discrimination faced by queer couples and to ensure protection for their right to cohabitation. The court also stated that it is pertinent to note that the Punjab and Haryana High Court had earlier granted protection to a lesbian couple wherein it is stated that the Article 21 of the Constitution of India does not cease to apply when people of the same gender decide to live together.
The bench headed by Justice Anoop Chitkara in the case observed that the Love, attraction, and fondness have no boundaries, and not even the boundary of gender. Thus, 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, which includes openly proclaiming their attraction towards persons of similar gender.
Accordingly, the court stated that Article 21 of the Constitution of India is equally applicable to same-sex live-in couples.
The counsel, Advocate, Jasmeet Singh appeared for the petitioners.
The counsel, Kirat Singh Sidhu, DAG, Punjab.
