Poonam Rani v. State of Uttar Pradesh
Poonam Rani v. State of Uttar Pradesh | |
---|---|
Court | Allahabad High Court |
Full case name | Poonam Rani & Anr. vs State of Uttar Pradesh & Ors. |
Decided | 20 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 sitting | Mahesh Chandra Tripathi J., Sanjay Kumar Pachori J. |
Case opinions | |
Decision by | Mahesh Chandra Tripathi J., Sanjay Kumar Pachori J. |
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]
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[]
- LGBT rights in India
- S Sushma v. Commissioner of Police
- Sultana Mirza v. State of Uttar Pradesh
- Navtej Singh Johar v. Union of India
References[]
- ^ a b c d Poonam Rani v. State of Uttar Pradesh, WRIT-C No. 1213 of 2021 (Allahabad High Court 20 January 2021).Text
- ^ a b c d "POONAM RANI v. STATE OF UP". South Asian Translaw Database. Retrieved 2021-06-09.
- ^ a b c d 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.
External links[]
- Poonam Rani & Anr. v. State Of Uttar Pradesh & Ors., WRIT-C. No. 1213 of 2021 (Allahabad High Court).Text
- LGBT rights in India
- Indian LGBT rights case law
- 2021 in case law
- 2021 in India
- 2021 in LGBT history
- High Courts of India cases
- Discrimination against LGBT people
- Discrimination against LGBT people in India