Rohit Sagar v. State of Uttarakhand

Rohit Sagar & Anr. versus State of Uttarakhand & Ors. (2021), a decision of the Uttarakhand High Court, established the right of legal adults to select their own partners and instructed the police to ensure the couple's safety and safeguard their property.[1][2][3][4]

Rohit Sagar v. State of Uttarakhand
CourtUttarakhand High Court
Full case nameRohit Sagar & Anr. versus State of Uttarakhand & Ors.
Decided16 December 2021
Citation(s)W. P. (CRL) No. 2254 of 2021
Court membership
Judges sittingR. S. Chauhan CJ and N. S. Dhanik J
Case opinions
The adults have a fundamental right to choose their own life-partners, despite the opposition voiced by the family members.
Decision byR. S. Chauhan CJ and N. S. Dhanik J
Keywords
Cohabitation Rights, Same-sex Relationship

Background

Rohit Sagar and his partner Mohit Goyal, who are in a same-sex relationship, reside together in Rudrapur, Uttarakhand. However, they have faced resistance to their relationship from their respective families. Due to ongoing threats of serious repercussions from their family members, the couple lodged a formal complaint with both the Senior Superintendent of Police of Udham Singh Nagar district and the Station House Officer of Police Station No. 2, Rudrapur. However, as there has been no proactive action taken by the police authorities to safeguard the couple's lives and property, they have initiated a writ petition in the Uttarakhand High Court to seek a protective order.[1][2][3][4]

Opinion of the Court

The Bench upheld that adults who have attained the age of majority hold an inherent right to choose their life partners, even when confronted with objections from their families, and thus, the families of the couple should not be allowed to intimidate or harm the petitioners. Consequently, the Bench instructed the Senior Superintendent of Police for District Udham Singh Nagar to promptly ensure police protection for both the petitioners, encompassing not only their lives but also the safeguarding of their property.[1][2][3][4]

The verdict of the Bench noticeably lacks legal precedents, thorough analysis, and comprehensive reasoning to substantiate its conclusions.[1][2][3][4]

Sultana Mirza v. State of Uttar Pradesh
Main article: Sultana Mirza v. State of Uttar Pradesh

In the related case of Sultana Mirza v. State of Uttar Pradesh (2020), a same-sex couple residing together, approached the Allahabad High Court seeking protection against threat to their life and liberty by family members and the immediate society. A two-judge Bench of the Allahabad High Court, guided by the Supreme Court's precedent in Navtej Singh Johar v. Union of India (2018), noted that sexual orientation constitutes an inherent aspect of the constitutional rights to liberty, dignity, privacy, personal autonomy, and equality.[5][6] In contrast to the case of Rohit Sagar v. State of Uttarakhand, the judgment in Sultana Mirza v. State of Uttar Pradesh explicitly references the constitutional right to privacy, providing added support for safeguarding against unwarranted intrusions, in addition to offering protection against physical threats and violations.[4][5][6][7]

While ordering police protection for the couple, in contrast to the Rohit Sagar v. State of Uttarakhand case, the Bench in the Sultana Mirza v. State of Uttar Pradesh case drew upon the Supreme Court's precedent in Navtej Singh Johar v. Union of India, acknowledging the tate's dual obligation pertaining to sexual orientation—preventing discrimination and actively safeguarding the rights of same-sex couples, thereby contributing to the formation of a consistent legal precedent concerning sexual orientation and rights.[4][5][6]

See also

References
  1. "Uttarakhand HC Orders Police Protection to Gay Couple in Live-In Relationship". The Wire. Retrieved 2023-08-29.
  2. "Give security to gay couple facing opposition from families, orders high court". Hindustan Times. 2021-12-16. Retrieved 2023-08-29.
  3. Upadhyay, Sparsh (2021-12-19). ""Major Persons Have A Fundamental Right To Choose Life-Partners": Ut'khand HC Grants Protection To Live-In Gay Couple". www.livelaw.in. Retrieved 2023-08-29.
  4. Rohit Sagar & Anor. versus State of Uttarakhand & Ors., Writ Petition (CRL) No. 2254 of 2021 (Uttarakhand High Court 16 December 2021).
  5. "Allahabad HC Asks Shamli SP To Give Protection To a Same-Sex Couple". The Wire. Retrieved 2021-06-09.
  6. Sultana Mirza & Anr. v. State Of Uttar Pradesh & Ors., WRIT-C. No. 17394 of 2020 (Allahabad High Court 2 November 2020).Text
  7. Shukla, Surabhi (2021-02-10). "Poonam Rani and Ors. v. State of UP and Ors. Writ C No. 1213 of 2021". Law and Sexuality. Retrieved 2023-08-29.
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