Odisha HC allows same-sex live-in couples to stay together, says- “Love Knows No Bound Has Expanded Its Bounds to Include Same-Sex Relationships".

Team SoOLEGAL 29 Aug 2020 3:16pm

Odisha HC allows same-sex live-in couples to stay together, says- “Love Knows No Bound Has Expanded Its Bounds to Include Same-Sex Relationships

On 24 August, Monday Odisha HC heard the petition of a 24-year old woman to get back her partner with the same sex who was coercively separated from her by the uncle and mother of the partner.

Bench headed by Justice S. K. Mishra & Savitri Ratho has held that both the partners should stay together.

In the case the petitioner was a female but had exercised his rights of self-gender determination and preferred to be called as He/She. Therefore, the court acknowledged petitioners' rights as a male and addressed him as he/him/his during the case.

Petitioner -Chinmayee Jena had filed an application under Article 226 and 227 of the Constitution stating that his partner was forcibly taken away by her mother and uncle. The petitioner, subsequently appealed to the court to issue a writ of Habeas Corpus ordering the defendants to let him stay with her partner.

During the hearing the petitioner's council urged that both the petitioner and his life partner are major and in a consensual relationship since 2017. Petitioners council relied upon the joint testimony by the petitioner and his partner which was sworn before the Executive Magistrate, Bhubaneswar on 16.03.2020 and substance of the writ appeal, contended that the two fell in love for one another in 2011. From that point, they chose to remain together.

Justice S.K Mishra referred to case of National Legal Services Authority vs. Union of India and others, (2014) 5 SCC 438 and Anuj Garg vs. Hotel Association of India, (2008) 3 SCC.. He concluded that it is conspicuous that every human being has the universal right to equality and non-discrimination, right to privacy and right to treatment with humanity even when in detention.

Therefore, the bench allowed the application and directed that the petitioner and the daughter of defendant have the right to decide their sexual preferences and can even stay together as live-in partners.

Tagged: Odisha HC   Justice S. K. Mishra   Justice Savitri Ratho   Same-Sex Relationships  
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