Allahabad High Court: Affirms Same-Sex Live-In Protection

• The Allahabad High Court granted protection to two adult women in a consensual same-sex live-in relationship.
• The court directed police to ensure the couple's security against threats from family members and others.
• The ruling affirmed that adult citizens' choice to live together in a same-sex relationship is protected under Article 21 of the Constitution.
• The High Court relied on Supreme Court judgments in `Navtej Singh Johar` and `Supriyo` to support its decision.
• It clarified that the absence of legal marriage recognition for same-sex couples does not permit interference with their fundamental right to peaceful cohabitation.

The court unequivocally stated that when two adult citizens elect to cohabit based on personal autonomy and choice, their decision to live in a live-in relationship constitutes a fundamental right.

The Allahabad High Court recently affirmed the fundamental right of two adult women in a consensual same-sex live-in relationship to live together peacefully, directing police authorities to ensure their security. Justice Dr. Gautam Chowdhary issued the directive on September 14, responding to a petition filed by the women who sought protection from interference and threats.

The petitioners, who appeared personally before the court, confirmed they were adults, unmarried, and had voluntarily chosen to cohabit. They stated their decision was based on their free will and sexual orientation, made without any pressure, fear, or undue influence. The court, after personally interacting with them, found them to be educated adults capable of understanding their best interests, concluding their decision was based on free consent.

The women had petitioned the court seeking a directive to prevent authorities from interfering with their live-in relationship and to provide them security. They alleged that private respondents, including family members, were harassing and threatening them, creating a serious risk to their lives. The court's ruling allows them to continue their peaceful cohabitation, explicitly prohibiting family members or any other person from disturbing them.

The High Court's decision firmly rooted its protection of the same-sex live-in relationship in Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The court emphasized that when two adult citizens choose to live together based on personal autonomy and choice, their decision to enter a live-in relationship constitutes a fundamental right.

In reaching its conclusion, the Allahabad High Court relied on significant Supreme Court judgments. Petitioners' counsel cited the 2018 `Navtej Singh Johar v. Union of India` ruling, which established sexual orientation as an integral aspect of an individual's freedom, dignity, privacy, and personal autonomy. The counsel argued that constitutional morality, rather than societal norms, must guide the protection of fundamental rights in such matters.

The High Court also considered the Supreme Court's Constitution Bench judgment in `Supriyo @ Supriya Chakraborty v. Union of India`. This landmark ruling recognized that queer and LGBTQ+ couples possess a right to union or relationship under Article 21, stemming from their rights to privacy, choice, and autonomy. While the `Supriyo` judgment clarified that this right does not extend to legal recognition of such relationships as marriage—a matter reserved for the legislative domain—the Allahabad High Court held that this distinction does not preclude adult same-sex couples from cohabiting, reinforcing India same-sex live-in rights.

This ruling by the Allahabad High Court provides crucial Allahabad HC same-sex live-in protection, underscoring that the absence of marital recognition for same-sex couples does not diminish their fundamental right to live together peacefully. The court explicitly stated that family members, relatives, or any segment of society lack the legal authority to disturb their cohabitation, threaten them, or violate their physical liberty. It further observed that the lack of marital status does not grant any third party or administrative authority the freedom to interfere with the dignity and physical security of adult citizens.

By directing the police to provide immediate protection, the court has established a significant precedent for adult same-sex couples seeking to exercise their Article 21 live-in relationship India rights. This decision reinforces the principle that personal autonomy and choice in cohabitation are constitutionally protected, irrespective of sexual orientation or societal disapproval. The ruling contributes to the evolving landscape of Allahabad High Court LGBTQ+ rights, offering a pathway for legal recourse against harassment and threats for those in consensual same-sex live-in relationships.

Lawyers in India can cite this Allahabad High Court ruling to secure police protection and prevent interference for adult same-sex couples in live-in relationships, reinforcing their fundamental rights under Article 21 despite the absence of legal marriage recognition. This provides a strong precedent for advising clients facing harassment or threats due to their consensual cohabitation.

Source: Reporting based on a recent legal news update.