Sultana Mirza v. State of Uttar Pradesh

Sultana Mirza & 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]

Sultana Mirza v. State of Uttar Pradesh
CourtAllahabad High Court
Full case nameSultana Mirza & Anr. vs State of Uttar Pradesh & Ors.
Decided2 November 2020
Citation(s)Writ-C No. 17394 of 2020
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 sittingShashi Kant Gupta J., Pankaj Bhatia J.
Case opinions
Decision byShashi Kant Gupta J., Pankaj Bhatia 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. As a result, the petitioners apprehend harassment and threat to their life and enjoyment of their relationship.[1][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.[1][4]

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.

— Sultana Mirza V. State of UP, Page number 4 of 5

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

See also

References
  1. Sultana Mirza & Anr. v. State Of Uttar Pradesh & Ors., WRIT-C. No. 17394 of 2020 (Allahabad High Court 2 November 2020).Text
  2. "Allahabad HC Asks Shamli SP To Give Protection To a Same-Sex Couple". The Wire. Retrieved 2021-06-09.
  3. Quint, The (2020-11-04). "'Duty Bound': HC Asks Cops to Give Protection to Same-Sex Couple". TheQuint. Retrieved 2021-06-09.
  4. "Allahabad High Court asks Shamli Superintendent to give protection to a same-sex couple". Deccan Herald. 2020-11-03. Retrieved 2021-06-09.
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