HC: unmarried same-sex couples can live together

The Uttarakhand high court while hearing a habeas corpus petition earlier this month, held that same sex couples have the right to live together even if they are not competent to enter into a wedlock.
A single bench of Justice Sharad Kumar Sharma made this observation while hearing a habeas corpus petition filed by a women alleging that her partner a major with whom she has been in a consensual relationship since 2016 has been illegally confined by her mother.
Citing Article 21 of the constitution which upholds right to life and personal liberty the judge said ” Intimacy of marriage including the choice of partner which an individual makes ob whether or not to marry and whom to marry are the aspects which exclusively lie outside the control of the state or the society. The court as the upholder of the constitutional freedom has to safeguard that such a relationship where there is a choice exclusively vested with a major person has to be honoured.
The court is in agreement that the consensual cohabitation between two adults of the same sex cannot in our understanding be illegal, far less a crime, because its a F. R guaranteed under Article 21, to protect an inherent right to self determination with regards to the sexual orientation of choice of the partner.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s