High Court Upholds Fundamental Right to Personal Liberty in Same-Sex Relationship Case

Chandigarh, August 17, 2023* – In a groundbreaking judgement, the Punjab and Haryana High Court, presided over by Hon’ble Mr. Justice Anoop Chitkara, has upheld the fundamental right to personal liberty in the context of a same-sex relationship. The case centered around two young adult females who were in a live-in relationship for the past four years and sought protection through the State by invoking their rights guaranteed under Article 21 of the Constitution of India.

Justice Chitkara, in his observations, stated, “Love, attraction, and fondness have no boundaries, and not even the boundary of gender.” He emphasized that Article 21 of the Constitution of India applies irrespective of the gender of individuals involved and that every person within the territory of India has an inherent and indefeasible fundamental right to life, which the State is duty-bound to protect.

The judgement drew upon the Constitutional bench ruling in Mohd Arif @ Ashfaq v. Registrar, Supreme Court of India (2014) 9 SCC 737, which highlighted the origins and significance of Article 21 as a precious fundamental right.

The Court issued a protection order, directing concerned authorities to provide two female police officials to ensure the safety of the petitioners for a span of two weeks, with provisions for extension based on threat analysis or the petitioners’ requests. The order clarified that it was not a blanket bail in any FIR and that it would not hinder any legitimate interrogation or investigation.

“This ruling not only upholds the rights of individuals in same-sex relationships but also underscores the importance of personal liberty as a cornerstone of our democracy,” remarked legal experts. The judgement is being lauded as a significant step forward in recognizing and safeguarding the rights of individuals regardless of their sexual orientation.

The order, while acknowledging the evolving ethos and lifestyles of the younger generations, enforces the State’s responsibility to protect fundamental rights. The judgement has garnered attention for its progressive approach and commitment to ensuring equal protection under the law.

As per the court’s order, the protection granted will eclipse after thirty days, and individuals involved can download a true copy of the judgement from the official web page of the court. Legal scholars expect this judgement to serve as a benchmark in similar cases and contribute to the evolving jurisprudence around personal liberties in India.

Date of Decision: 17.08.2023                      

Pooja and another vs State of  Punjab and others