Article 21 Does Not Cease To Apply When People Of Same Gender Decide To Live Together: P&H HC
🔷 1. What is Article 21?
Article 21 of the Indian Constitution guarantees:
"No person shall be deprived of his life or personal liberty except according to procedure established by law."
This article protects the right to life and personal liberty broadly, including rights to privacy, dignity, and freedom of choice.
Over the years, the Supreme Court has expanded its scope to include rights related to autonomy, privacy, sexual orientation, and dignity.
🔷 2. Context: Same-Gender Cohabitation and Article 21
The Punjab & Haryana High Court recently clarified that Article 21 applies equally to individuals of the same gender who decide to live together.
This means that:
The State cannot interfere with the private lives and relationships of consenting adults, irrespective of their gender.
The right to live with dignity, autonomy, and privacy is protected under Article 21.
Denying or violating these rights amounts to unconstitutional discrimination.
🔷 3. Why is this Important?
In India, LGBTQ+ persons often face stigma, discrimination, harassment, and sometimes violence for their personal choices, including cohabiting with partners of the same gender.
This ruling:
Affirms the constitutional protection of their rights.
Rejects any interpretation of law or policy that discriminates based on sexual orientation.
Strengthens the legal framework protecting same-sex relationships under fundamental rights.
🔷 4. Relevant Case Laws
✅ Navtej Singh Johar v. Union of India (2018)
Citation: (2018) 10 SCC 1
Supreme Court decriminalized consensual same-sex relations by reading down Section 377 of the IPC.
The Court emphasized rights to dignity, privacy, and equality under Articles 14, 15, and 21.
It held that sexual orientation is an essential attribute of privacy and identity protected by Article 21.
“The protection of privacy includes the right of individuals to choose their partners.”
✅ Shakti Vahini v. Union of India (2018)
Citation: (2018) 7 SCC 192
The Court condemned “honour killings” and unlawful interference in adults’ choice of partners.
Held that Article 21 protects the right to choose one’s partner without coercion or fear.
Reaffirmed that State and society have no right to interfere in private consensual relationships.
✅ NALSA v. Union of India (2014)
Citation: (2014) 5 SCC 438
The Supreme Court recognized transgender persons' rights under Article 21.
Affirmed their right to self-identify their gender and live with dignity.
Laid the foundation for protecting sexual minorities' fundamental rights.
✅ S Sushma v. Commissioner of Police (2021)
Delhi High Court
Held that police cannot interfere with or harass a consensual adult same-sex couple living together.
Emphasized that the right to live with dignity under Article 21 protects such relationships.
🔷 5. Principles Emerging from These Judgments
Privacy and Autonomy: Adults have the right to live together and make personal decisions without State interference.
Dignity and Equality: Same-gender couples are entitled to the same dignity and respect as opposite-gender couples.
Non-Discrimination: Laws or actions discriminating based on sexual orientation or gender identity violate Articles 14 (Equality), 15 (Non-discrimination), and 21.
State Protection: The State must protect individuals from harassment, violence, or discrimination related to their personal choices.
🔷 6. Significance of the Punjab & Haryana HC Observation
By stating that Article 21 does not cease to apply when same-gender persons decide to live together, the Punjab & Haryana High Court:
Affirms the constitutional rights of LGBTQ+ persons to cohabit.
Rejects any social, cultural, or administrative attempts to violate their privacy or liberty.
Strengthens the judicial protection against discrimination and affirms that fundamental rights transcend societal biases.
🔷 7. Conclusion
The right to life and personal liberty under Article 21 is universal and inclusive. It applies equally to:
Individuals choosing partners of the opposite gender.
Individuals choosing partners of the same gender.
The law protects their right to live together with dignity and without fear of harassment or discrimination.
This progressive judicial stance reflects the Indian judiciary's commitment to upholding fundamental rights for all citizens, including sexual minorities, reinforcing the constitutional promise of equality, dignity, and freedom.
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