[LGBTQA+ Rights] Granting protection to a lesbian couple Allahabad High Court observes, "We are not against live-in relations"

Read Time: 06 minutes

Coming to the aid of two major girls, who wanted to live in a live-in relation, the Allahabad High Court recently directed the police to grant them protection after verifying all their documents.

"We are not against live-in relations," observed the bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi.

The petitioner women had come knocking on the Court's doors having an apprehension that they would be harassed and would not be permitted to live in peace by private respondents in the case, i.e. their families. 

The aggrieved couple had alleged that their parents had threatened to kill them if they didn't end their relationship. They had also been threatened by the families to get falsely implicated in a criminal case.

Stressing that the petitioners were major girls and wanted to live with each other, the Court held, 

"Hence, in view of the decision of Apex Court in Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234; Lata Singh v. State of U.P. and another, (2006) 5 SCC 475; and Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 and as per the Government Order dated 31.8.2019, the police shall grant them protection after verifying all the documents."

Last month, the High Court having the largest jurisdiction in India had made a significant remark while dealing with protection pleas filed by two interfaith live-in couples. The High Court had observed, "Live-in-relationships have become part and parcel of life."

"The live-in relationship is required to be viewed from the lens of personal autonomy arising out of the right to live guaranteed under Article 21 of the Constitution of India, rather than, notions of social morality," the Court had added. 

The debate over the morality of live-in relationships has been going on since long now. Almost every other day, remarks revolving around this social arrangement come from legal corridors. Courts across the country have expressed their disparate views while dealing with cases involving live-in couples. 

Notably, while refusing to grant protection to the live-in couple, a single judge bench of Punjab and Haryana High Court  in May, 2021 had said, "If such protection as claimed is granted, the entire social fabric of the society would get disturbed. Hence, no ground to grant the protection is made out."

Whereas, on September 3, 2021, another bench of the High Court found itself unable to agree with the abovestated observation. 

Also, decisions from the lower judiciary have also surfaced where the district courts have taken a broader view while dealing with the case pertaining to live-in relations. In August, this year, a UP court in Rampur had granted permission to two women, who were in a relationship, to live together.

Cause Title: Km. Anju Singh @ Anju and Another v. State of U.P. and 6 Others