ALLAHABAD HIGH COURT
Prayagraj: The Allahabad High Court has said that the fundamental right of every person to personal freedom also includes choosing one’s partner. The court has ordered to provide police protection to a person living in a live-in relationship with a transgender woman.
This order has been given by the division bench of Justice Soumitra Dayal Singh and Justice Donadi Ramesh.
The court has disposed of the petition filed by the petitioners demanding protection of a transgender man and woman. Both are living in a live-in relationship. The Court said “The diversity of perception and personality arising from the basic structure of human beings leads different human beings to make different choices even when they are in similar circumstances. Therefore the right to free choice is the soul of liberty And is the most beloved and prominent feature of any free society.” In view of the fact that their life, liberty, dignity and security are in danger, the petitioners specifically accused the man’s father of committing verbal and physical assault against them.
The petition sought police protection, initially saying that our Constitution seeks to protect that freedom which is inherently inherent in being a human being. whether physical, psychological, emotional or otherwise and that constitutional democracy promises to preserve and actively promote the diverse individualities that arise in any human society.
If a society prevents its members from asserting their individuality within the limits of existing laws, it hinders the process of its own development.
The court issued a protective mandamus and said that no one can destroy the petitioners or their properties. Otherwise no harm can be caused, since the petitioners have decided to live together. The court did not mention anyone’s name in the order.
