The Allahabad High Court has allowed a petition filed by two adult women who claimed to be in a same-sex live-in relationship and apprehended threats from family members.
Justice Dr. Gautam Chowdhary held that two consenting adults have a fundamental right under Article 21 to live together according to their choice and directed that no family member or other person should interfere with their peaceful cohabitation.
The Court noted that both petitioners appeared personally before it and stated that they were adults and had chosen to live together voluntarily, without any pressure, fear or undue influence. The Court also referred to the Supreme Court’s decisions in Navtej Singh Johar v. Union of India, (2018) 10 SCC 1 and Supriyo @ Supriya Chakraborty v. Union of India, (2023) 9 SCC 1 while considering their right to privacy, choice and personal autonomy.
The Court clarified that while legal recognition of same-sex marriage falls within the domain of the legislature, the absence of such recognition does not prevent consenting adults from living together.
Accordingly, the Court directed that the petitioners be allowed to live together peacefully and that their family members or others should not interfere. It further directed that if they face any obstruction, they may approach the concerned police authorities, who must provide immediate protection after verifying that they are adults and are living together voluntarily.
