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2020 Supreme(All) 1474

SHASHI KANT GUPTA, PANKAJ BHATIA
Sultana Mirza – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dhirendra Kumar Srivastava,Mohd. Naushad

JUDGMENT :

1. This writ petition has been filed, inter alia, for the following relief:

    "(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2, 3 and 4 not to adopt any coercive process against the petitioner as well as respondent no. 5 and 6 may be directed not to interfere in the living relationship of both the petitioners."

2. Heard learned counsel for the petitioners, learned Standing counsel for the State and perused the record.

3. The petition highlights the stark reality of the society where the citizens are facing discrimination at the hands of the society only on account of their sexual orientation despite it being well settled that sexual orientation is innate to human being.

4. The present petition has been filed alleging that the petitioner no. 1 as well as the petitioner no. 2 claim to be females having attained the age of majority and the petitioner no. 1 is said to be gainfully employed as Financial Adviser whereas petitioner no. 2 is employed in a private company. The petitioners claim that they are living in live-in-relationship since a couple of years and are voluntarily living with each other on account of their sexual orientati

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