Rohit Sagar v. State of Uttarakhand

(2021), a decision of the Uttarakhand High Court, established the right of legal adults to select their own partners and instructed the police to ensure the couple's safety and safeguard their property.

However, as there has been no proactive action taken by the police authorities to safeguard the couple's lives and property, they have initiated a writ petition in the Uttarakhand High Court to seek a protective order.

[1][2][3][4] In the related case of Sultana Mirza v. State of Uttar Pradesh (2020), a same-sex couple residing together, approached the Allahabad High Court seeking protection against threat to their life and liberty by family members and the immediate society.

[5][6] In contrast to the case of Rohit Sagar v. State of Uttarakhand, the judgment in Sultana Mirza v. State of Uttar Pradesh explicitly references the constitutional right to privacy, providing added support for safeguarding against unwarranted intrusions, in addition to offering protection against physical threats and violations.

[4][5][6][7] While ordering police protection for the couple, in contrast to the Rohit Sagar v. State of Uttarakhand case, the Bench in the Sultana Mirza v. State of Uttar Pradesh case drew upon the Supreme Court's precedent in Navtej Singh Johar v. Union of India, acknowledging the tate's dual obligation pertaining to sexual orientation—preventing discrimination and actively safeguarding the rights of same-sex couples, thereby contributing to the formation of a consistent legal precedent concerning sexual orientation and rights.