Poonam Rani v. State of Uttar Pradesh

Poonam Rani & Anr. v. State Of Uttar Pradesh & Ors. is a decision of the Allahabad High Court. The Court noted that the Constitutional Court has a duty to monitor and observe the Constitutional morality as well as the rights of the citizens which are under threat only on account of the sexual orientation. The Court directed the appropriate Police Personnel to provide necessary protection and ensure that no harassment is caused to them.[1][2][3]

Poonam Rani v. State of Uttar Pradesh
CourtAllahabad High Court
Full case namePoonam Rani & Anr. vs State of Uttar Pradesh & Ors.
Decided20 January 2021
Citation(s)Writ-C No. 1213 of 2021
Case opinions
The Constitutional Court is duty-bound to monitor and observe the constitutional morality as well as the rights of the citizens which are under threat only on account of the sexual orientation.
Court membership
Judges sittingMahesh Chandra Tripathi J., Sanjay Kumar Pachori J.
Case opinions
Decision byMahesh Chandra Tripathi J., Sanjay Kumar Pachori J.

Background

The petitioners claimed that they are voluntarily living together on account of their sexual orientation. They are living in a "live-in-relationship" for a couple of years. They claimed that their relationship is facing resistance from the family members and the immediate society.[1][2][3]

Judgment

The court relied on the principles laid down by the Supreme Court of India in the Navtej Singh Johar v. Union of India case that any kind of discrimination based on the sexual orientation of a person is unconstitutional. In the case, Supreme Court ruled the sexual orientation is an intrinsic element of liberty, dignity, privacy, individual autonomy and equality, and the intimacy between consenting adults of the same sex is beyond the legitimate interests of the state. Additionally, the Court relied on the judgement in the case of Sultana Mirza v. State of Uttar Pradesh to make the ruling.[1][2][3]

This Court being a constitutional Court is duty-bound to monitor and observe the Constitutional morality as well as the rights of the citizens which are under threat only on account of the sexual orientation.

— Poonam Rani v. State of Uttar Pradesh, Page number 2 of 3

The Court directed the appropriate Police Personnel to provide necessary protection and ensure that no harassment is caused to them.[1][2][3]

See also

References
  1. Poonam Rani v. State of Uttar Pradesh, WRIT-C No. 1213 of 2021 (Allahabad High Court 20 January 2021).Text
  2. "POONAM RANI v. STATE OF UP". South Asian Translaw Database. Retrieved 2021-06-09.
  3. Upadhyay, Sparsh (2021-01-28). "Same-Sex Couple Facing Discrimination:Allahabad High Court Calls It 'Stark Reality Of Society', Grants Them Protection". www.livelaw.in. Retrieved 2021-06-09.
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