Allahabad High Court Upholds Right Of Adult Same-Sex Couple To Live Together, Says Family Cannot Interfere

Lucknow: The Allahabad High Court has held that an adult has the right under Article 21 of the Constitution to choose a partner, exercise personal autonomy and live with a consenting partner. Family opposition, social disapproval or traditional beliefs cannot be used to interfere with such freedom, the court said.

Court Hears Petition By Same-Sex Couple From Varanasi

Justice Dr Gautam Chaudhary made the observation while hearing a petition filed by two adult women from Varanasi who are in a same-sex live-in relationship and had sought protection from their families and relatives.

The women told the court that they were both adults and unmarried and had been living together voluntarily. They belong to different religions and alleged that their family members and relatives were interfering with their peaceful life. They also expressed apprehension about their safety.

Court Records Statements Of Both Women

In compliance with an earlier order, both women appeared personally before the court. The judge spoke to them separately and recorded their statements.

The women told the court that they were adults and capable of understanding the consequences of their decision. They said they were living together without fear, pressure or undue influence and wanted to continue living together.

The state opposed the petition, arguing that same-sex relationships were not accepted by a large section of traditional society.

The court said the question of legal recognition of same-sex marriage was separate from the right of two consenting adults to live together. The absence of legal recognition for same-sex marriage does not affect the right of adult individuals to live together by choice or seek protection, it said.

The court held that the two women were free to live together peacefully and that their families or any other person could not interfere with their relationship.

It directed the police to provide necessary protection if the women faced any threat or obstruction. They can approach the concerned Police Commissioner, Senior Superintendent of Police or Superintendent of Police with a certified copy of the court order.

The police have been directed to verify that the women are adults and provide them necessary protection.