Uttarakhand HC Orders Police Protection to Gay Couple in Live-In Relationship

The court said adults have a fundamental right to choose their own life-partners, despite the opposition voiced by family members.

New Delhi: The Uttarakhand high court on December 16 ordered immediate police protection to a gay couple in a live-in relationship, saying “persons, who are major, have a fundamental right to choose their own life-partners, despite the opposition voiced by the family members”.

The court was hearing a petition filed by two men who are in a live-in relationship. However, the parents of both men are opposed to the relationship and have “continuously threaten[ed] both the petitioners with dire consequences”, according to LiveLaw.

The petitioners submitted that though the petitioners had on December 14 submitted a representation to the police, no action was to protect the couple’s lives and property. Hence, they moved the court.

“The learned counsel for the petitioners has reiterated the abovementioned facts. According to the learned counsel for the petitioners, since both the petitioners are major, they are free to choose their life- partners. Even if respondent nos. 4 to 8 are opposed to the marriage, they cannot be permitted to interfere with the fundamental rights of the petitioners,” said a bench consisting of Chief Justice Raghvendra Singh Chauhan and Justice N. S. Dhanik.

The petitioners’ lawyer sought the court’s direction that the senior superintendent of police (Udham Singh Nagar district) to immediately provide police protection.

The court said:

“Undoubtedly, persons, who are major, have a fundamental right to choose their own life-partners, despite the opposition voiced by the family members. Therefore, the respondent nos. 4 to 8 should not be permitted to threaten or to hurt the petitioners.”

The SSP was directed 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 said, according to LiveLaw.