Allahabad: The Allahabad High Court has directed reinstatement of a home guard dismissed from service after a video of him with his same-sex partner surfaced, saying display of public affection amongst LGBTQ members cannot be bogged down by majority perception if it does not amount to indecency or has potential to disturb public order.

Justice Sunita Agarwal directed the Commandant General of Home Guards, headquarters, Lucknow to take the petitioner back in service with immediate effect, and said he shall be entitled to all admissible dues and the honorarium shall be paid regularly as and when the same falls due.

The assertion in paragraph no.8 of the counter affidavit shows the perception of the officer who had passed the order of cancellation. The sexual orientation of the petitioner has been stated to be indulgence in untoward activity, which is completely in violation of observations of the apex court in Navtej Singh Johar VS Union of India reported in (2018) 10 SCC 1,” the court said in the order passed on 2 February.

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.

The court quashed the order of the cancellation of the appointment of the petitioner dated 11 June, 2019 from the post of Home Guard passed by the District Commandant of Home Guards, Bulandshahar

The home guard was dismissed from service after a video of the petitioner with his same-sex partner went viral.

Leave a Reply

Your email address will not be published. Required fields are marked *

Translate »
Legal Notice: Views expressed in articles published in www.ebusinessbrief.com are those of the authors and www.ebusinessbrief.com or its owners take no responsibility regarding the same. Advertisements in www.ebusinessbrief.com are published for information of the subscribers. www.ebusinessbrief.com does not authenticate, endorse or guarantee any of the products or services or claims made by the Advertisers. Readers are advised to themselves verify the details. No part of this publication may be reproduced by any means without prior written permission from the Editor. Permission is normally granted wherever sufficient acknowledgement is given to www.ebusinessbrief.com.