A young lesbian couple was provided relief by the Punjab and Haryana High Court when the court directed the Senior Superintendent of Police (SSP) Mohali to assess the threat to the couple and provide security if required.
The girls had been living together for six months and were facing threats from their families. They had moved court seeking protection. While same sex relationships were decriminalised by a landmark Supreme Court judgment in 2018, same sex marriages are yet to be brought under the purview of the law. However, the court observed that the legitimacy of their relationship is of no consequence when it comes to their life and liberty and ordered the SSP Mohali to look into the threat to their lives.
The order by Justice Monga, as reported by the Indian Express said, “Social ethos, outlook and the philosophy appears to be evolving amongst gay couples so as to gather courage and openly come out of their closets, even though gay marriage is not yet legitimate as per the applicable marriage laws in the country, And, therefore, the live in relationships.”
The order went on to say, “Be that as it may, the petitioners are entitled to protection of their lives and liberty as envisaged under Article 21 of the Constitution of India, regardless of the nature of relationship between them. Assuming, they were living simply as friends together, even then they are constitutionally entitled to live in peace. Legitimacy of their relationship with each other, therefore, is of no consequence viz-a-viz their right to life and liberty.”
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