"If Display Of Affection Between LGBT Partners Isn't Indecent, It Can't Be Bogged Down By Majority Perception:" Allahabad High Court Reinstates LGBT Member in service

10th Feb,2021

"If Display Of Affection Between LGBT Partners Isn't Indecent, It Can't Be Bogged Down By Majority Perception:" Allahabad High Court Reinstates LGBT Member in service

Last week, the Allahabad High Court quashed the order that the appointment of the petitioner (one Pramod Kumar Sharma) should be cancelled on account of the petitioner's viral video. The Bench of Justice Sunita Agarwal observed that the petitioner's sexual orientation was claimed as indulgence in untoward conduct in the Counter Affidavit (submitted by the officer who had passed the order of cancellation).
The appointment of the petitioner to the post of Home Guard was cancelled on 11 June 2019 because of a video of the petitioner that was made viral by someone. "The Apex Court in the said case has held 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."In the said case, the Apex Court held that the sexual orientation of the person is his individual choice and that any act of treating the person as an offence would be an infringement of the person concerned's right to privacy. Importantly, the Court noted that it was held that any show of affection among LGBT community members towards their public partners, as long as it does not constitute indecency or has the potential to disrupt public order, can not be bogged down by the perception of the majority.