[LGBTQ RIghts] "Duty Of Courts To Monitor Right Of Citizens Under Threat On Account Of Sexual Orientation": Allahabad High Court

  • Dev Vrat Arya
  • 07:26 PM, 30 Jan 2021

The Allahabad high court recently observed that it is the duty of the court to monitor the rights of citizens which are under threat on account of their sexual orientation.

Two major women filed a petition before the high court seeking directions from the Court that their families not to take any coercive procedures against them and not to interfere in their peaceful living.

Petitioners in the plea highlighted the stark reality where the 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 a human being.

The division bench comprising of Mahesh Chandra Tripathi J. and Sanjay Kumar Pachori J. referred to the Supreme Court Judgement in the case of Navtej Singh Johar & Ors. v. Union of India, (2018) 10 SCC 1, where the court has held that 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.

Observing the above-mentioned judgement, the court has directed the Senior Superintendent of Police, Saharanpur to extend suitable protection to the petitioners in the event they approached him for protection and to ensure that no harassment was caused to them.

Case Title: Poonam Rani And Another versus State Of U.P. And 5 Others

Click Here To Access Judgment