PRAYAGRAJ: Observing that any display of affection among the members of the LGBT community towards their partners in public, so long as it does not amount to indecency or has the potentiality to disturb public order, cannot be bogged down by majority perception, the Allahabad high court recently directed reinstatement of a home guard. He had been sacked on the charge of 'indecency' after a video in which he was seen 'displaying affection' to his same-sex partner.
Justice Sunita Agarwal quashed an order cancelling the appointment of the home guard in Bulandshahr by the authorities concerned on account of the alleged viral video. Allowing the writ petition filed by the home guard, Justice Agarwal further directed Commandant General of Home Guards, Headquarters, Lucknow, to take the petitioner home guard back in service with immediate effect. The petitioner had challenged the cancellation of his appointment by the District Commandant of Home Guards, Bulandshahr, by an order dated June 11, 2019.
‘Sexual orientation of the person is his individual choice’
The court passed this order while taking note of the reply (counter-affidavit) filed by the District Commandant of Home Guards, Bulandshahr, wherein it was stated that 'sexual orientation of the petitioner was indulgence in untoward activity'.
The court said that the order dated June 11, 2019, was is in violation of the decision of the Supreme Court in the case of Navtej Singh Johar Vs Union of India reported in (2018) 10 SCC 1, wherein the Supreme Court had observed, that “the sexual orientation of the person is his individual choice and any act of treating it as an offence would be interference in the right of the privacy of the person concerned”.
Hence, the court quashed the order dated June 11, 2019 while terming it ‘vindictive’ in nature. The court further directed that the petitioner would be entitled to all admissible dues and the honorarium shall be paid regularly as and when the same falls due.
This decision was passed on February 2 and came to light on Monday.