Same-Sex Live-In Couple Gets Protection: P&H High Court Upholds Right to Choose Partner, Directs Police to Ensure Safety
Case Name: Renu Bala and Another v. State of Punjab and Others
Date of Judgment: 22.04.2026
Citation: CRWP-4617-2026
Bench: Hon’ble Ms. Justice Mandeep Pannu
Held: The High Court held that consenting adults, including same-sex partners in a live-in relationship, are entitled to protection of their life and liberty under Article 21 of the Constitution, and the State is duty-bound to ensure their safety.
Summary: The petitioners, two adult women, approached the High Court under Article 226 seeking protection of their life and liberty, apprehending threat from their family members due to their live-in relationship. They had earlier submitted a representation to the Senior Superintendent of Police, Khanna, but alleged inaction on part of the authorities.
The Court took note of the fact that both petitioners were majors and were living together out of their own free will. It relied upon the Supreme Court judgment in Devu G. Nair v. State of Kerala which emphasizes protection of dignity and fundamental freedoms of intimate partners, including those in same-sex relationships.
Further reliance was placed on a coordinate bench decision recognizing that adults have the autonomy to choose their partners and that such relationships, including same-sex live-in arrangements, do not violate any law. The Court underscored that societal disapproval cannot override constitutional guarantees under Article 21.
The Court observed that individuals in such relationships may face social stigma and threats, and therefore, immediate protection measures are warranted to safeguard their dignity and personal liberty.
Decision: The High Court disposed of the petition by directing the Senior Superintendent of Police, Khanna, District Ludhiana, to consider the petitioners’ representation and take appropriate steps to ensure that no harm is caused to their life and liberty. The Court clarified that the order does not validate the legality of the relationship nor grant protection from any lawful criminal proceedings, if applicable.