The Allahabad High Court has ordered police protection for two homosexual women in a live-in relationship after they faced threats from their families and others (Sultana Mirza and Another v. State of UP)..Observing that their sexual orientation seemed to be the sole reason for the harassment, the Bench of Justices SK Gupta and Pankaj Bhatia remarked:."The present petition highlights the stark reality of the society where citizens are facing discrimination at the hands of the society only on account of their sexual orientation despite it being well settled that sexual orientation is innate to human being."Allahabad High Court.The Court quoted extensively from the Supreme Court's judgment in Navtej Singh Johar v. Union of India, by which Section 377 of the Indian Penal Code was read down. In that verdict, it was held that constitutional morality had to outweigh popular public morality and public perceptions of what was fit and proper..In its order, the High Court cited the portion of the Supreme Court judgment that spoke about constitutional morality. On the basis of the observations made therein, the Court held,"This Court being a constitutional Court is duty bound to monitor and observe the Constitutional morality as well as the rights of the citizens which are under threat only on account of the sexual orientation...".It thus directed the Senior Superintendent of Police, Shamli to provide police protection to the two women petitioners. On these terms, the petition was disposed of..Advocates Dhirender Kumar Srivastava and Mohd Noushad appeared for the petitioners. .Read the Order:
The Allahabad High Court has ordered police protection for two homosexual women in a live-in relationship after they faced threats from their families and others (Sultana Mirza and Another v. State of UP)..Observing that their sexual orientation seemed to be the sole reason for the harassment, the Bench of Justices SK Gupta and Pankaj Bhatia remarked:."The present petition highlights the stark reality of the society where citizens are facing discrimination at the hands of the society only on account of their sexual orientation despite it being well settled that sexual orientation is innate to human being."Allahabad High Court.The Court quoted extensively from the Supreme Court's judgment in Navtej Singh Johar v. Union of India, by which Section 377 of the Indian Penal Code was read down. In that verdict, it was held that constitutional morality had to outweigh popular public morality and public perceptions of what was fit and proper..In its order, the High Court cited the portion of the Supreme Court judgment that spoke about constitutional morality. On the basis of the observations made therein, the Court held,"This Court being a constitutional Court is duty bound to monitor and observe the Constitutional morality as well as the rights of the citizens which are under threat only on account of the sexual orientation...".It thus directed the Senior Superintendent of Police, Shamli to provide police protection to the two women petitioners. On these terms, the petition was disposed of..Advocates Dhirender Kumar Srivastava and Mohd Noushad appeared for the petitioners. .Read the Order: