Punjab and Haryana High Court has directed police to provide protection to a same-sex couple from Patiala and talking about the same the court said that LGBTQ+ individuals, interfaith couples and inter-caste couples should get immediate police protection if they fear danger or pressure from their families even before proving a serious threat to their lives.
The order was passed by Justice H S Grewal on May 22 while hearing a petition filed by two adult women who are living together in a live-in relationship and according to the petition the couple was facing opposition from their family members and feared for their safety and their lawyer told the court that the women had already approached Senior Superintendent of Police (SSP) Patiala seeking protection but no action had been taken on their complaint.
After hearing the matter High Court directed Patiala SSP to consider the couple’s representation and take immediate steps to protect their life and liberty from alleged threat posed by their families.
While passing this very order High Court referred to important observations made earlier by Supreme Court in cases involving same-sex couples and other intimate partners and the court noted that some couples face social stigma because of their relationship and may be at risk of violence, harassment or pressure from society and family members.
High Court said that courts should not wait for such couples to prove a “grave risk” before granting police protection and instead temporary or interim protection should be given immediately when such petitions are filed. The court also observed that taking a completely neutral approach in these matters could affect fundamental rights and freedoms of the individuals involved.
The order referred to Supreme Court case “Devu G Nair vs State of Kerala and Others” in which guidelines were laid down for courts dealing with police protection pleas involving same-sex couples, transgender persons, interfaith couples and inter-caste couples and according to the guidelines courts must protect the privacy, dignity and safety of such individuals.
The lawyer for the petitioners Advocate Rahul Soi informed the court that both women were adults and were living together by choice and also requested that police authorities be directed to review the complaint and provide protection at the earliest.
The High Court clarified that giving police protection does not mean the court is approving or commenting on the legality of the relationship and that the court’s main concern was to ensure safety and liberty of the petitioners.
In another similar matter earlier this year Punjab and Haryana High Court had also granted protection to two women in a live-in relationship after checking their Aadhaar records and confirming that both were adults and in that case Justice Mandeep Pannu directed the SSP Khanna, in Ludhiana district to consider women’s complaint and ensure that no harm was caused to them.
The court had again clarified that protection orders are only meant to safeguard life and liberty and do not provide protection from any criminal proceedings if any offence is found in future and the recent order is being seen as another important step towards protecting rights, dignity and safety of LGBTQ+ individuals and couples facing social or family pressure.
