LGBT case: Seeking protection, male couple moves Punjab and Haryana High Court

Chandigarh, July 1

When a 24-year-old Army official and a 36-year-old father of two “entered into friendship” last year, there was no way anyone could have visualised that they would move the Punjab and Haryana High Court seeking protection of life and liberty after contending that they were “both males, who developed a strong inclination/liking towards each other”.

In their petition placed before Justice Vikas Suri, counsel Abhaysher Singh contended that the Army official, currently on leave, was slapped and locked in the house by his family. He was constantly threatened of dire consequences in case he did not end his friendship.

Abhaysher Singh added the petitioner managed to escape from his house earlier this month and was on the run since then as there was “serious danger to his life and liberty”. The two wished to continue their friendship further without any interference and fear of society and the Army man’s family.

The Bench was also told that the Army man was “unmarried”, but his friend was married for the last 13 years. He had a son and a daughter out of the wedlock. Referring to observations by the Supreme Court and the Punjab and Haryana High Court, the counsel added it is abundantly clear that all members of the “LGBT community” were entitled — as all other citizens — to the full range of constitutional rights, including the liberties protected by the Constitution.

“The petitioners are entitled to protection of their lives and liberty as envisaged under Article 21 of the Constitution, regardless of the nature of relationship between them. Legitimacy of their relationship with each other, therefore, is of no consequence vis-à-vis their right to life and liberty,” he added.

Taking up the matter, Justice Suri directed Moga SSP to consider and decide their representation. Justice Suri made it clear that the matter was required to be dealt with expeditiously and in accordance with law.