Relationship status can’t be hurdle in giving security: HC - ECAS Punjab

Relationship status can’t be hurdle in giving security: HC

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Saurabh Malik

Tribune News Service

Chandigarh, August 10

The society cannot determine how an individual should live life and social unacceptability of a relationship cannot be a disincentive for granting protection life and liberty, the Punjab and Haryana High Court has ruled in case of two women "intending to be in a live-in relationship".

Justice Alka Sarin added the Constitution guaranteed the right to life to every individual. The choice of a partner was an important facet of the right. Justice Sarin also observed the petitioner-women were major and had every right to live their lives as they desired within the four corners of the law.

"The social unacceptability of any relationships can in no manner be a deterrent to granting protection under Article 21 of the Constitutionhellip; The petitioner-girls may face ostracisation because of the nature of their relationship and are allegedly facing many hurdles and threats.

"Despite people becoming more open about their sexuality, there are several who are having difficulty and the fear is still present to admit their sexual status in society," Justice Sarin observed, while adding the petitioners in the present case had taken a bold step and wished to lead their lives on their own terms.

Referring to a Supreme Court judgment, Justice Sarin added the Bench had no hesitation in holding that the petitioners were entitled to protection of life and liberty as envisaged under Article 21 of the Constitution.

Justice Sarin directed the Ludhiana Commissioner of Police to consider the petitioners' representation for protection. Till the decision on the representation, the state and other official respondents would ensure the safety and security of both the petitioners.

from The Tribune

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