Fundamental Right to choose Life Partners

Uttarakhand HC: Major Persons have a Fundamental Right to choose Life-Partners

The Uttarakhand High Court granted protection to a Gay couple in a live-in relationship by directing the Police to provide them immediate protection.

Mr. Rohit Sagar and Mr. Mohit Goyal filed a writ petition on the ground that they are in a live-in relationship and have decided to live together for the rest of their life but the respondent Nos. 4 to 8, (parents of the petitioners) are continuously threatening both the petitioners with dire consequences. It was further submitted that the Petitioners have made a representation to the Senior Superintendent of Police, District Udham Singh Nagar, however, no action has been taken by him for protecting the lives and property of both the petitioners.

The Hon’ble High Court observed that “Undoubtedly, persons, who are major, have a fundamental right to choose their own life-partners, despite the opposition voiced by the family members. Therefore, the respondent nos. 4 to 8 should not be permitted to threaten or to hurt the petitioners”. The Court directed the Senior Superintendent of Police, to immediately provide police protection to both the petitioners and further remarked that “The protection shall not only be for their lives, but shall also extend to protecting their property, if any.”

– Vaishali Jain, Advocate & Associate – POSH at Work

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