Chandigarh, January 12: Observing that constitutionality and morality are not different, a judge of the Punjab and Haryana High Court reportedly threw file after a woman's plea who claims to be in same-sex relationship came before him. "Take this immoral thing back to where it came from," Justice Pankaj Jain orally remarked on the habeas corpus petition seeking release of the woman's partner who is allegedly being held by her parents.
The woman's habeas corpus petition was listed before Justice Sandeep Moudgil in the roster. However, the Justice Moudgil was on leave. Therefore, the matter was listed before Justice Jain. At the start, Justice Jain sought to know in what capacity the woman was representing the person who is allegedly being detained by her parents.
Judge Gets Furious At Queer Couple's Case
When told the matter is related to a "queer couple", Justice Jain did not hear it and directed the matter be listed before regular bench. "Madam, I don't prescribe to the theory that constitutionality and morality are different," he told the petitioner. He also noted that the petitioner could not present any material to establish that she can act as the "next best friend" of the detenue.
Judge Questions Woman's Locus Standi
"How the petitioner has assumed the role of the next best friend of the alleged detenue who belongs to District Unnao, Uttar Pradesh," the judge said in his order, sending the plea to the regular bench. Notably, the Supreme Court in October last year refused to grant legal recognition for queer marriages in India.
While declining to legalise same-sex marriages, Chief Justice of India DY Chandrachud had issued a slew of directions for the central government to ensure queer couples are not harassed and do not face discrimination.
