Odisha HC Allows Same-Sex Couple To Live Together, Calls It ‘Freedom Of Choice’

Recently, a 24-year-old transman living in Bhubaneshwar had filed a petition wherein he claimed that the mother and uncle of his female partner had forcefully taken her home in Jajpur, Odisha, and were fixing her marriage to someone else. The petitioner, Chinmayee Jena a.k.a Sonu Krishna Jena identifies as him/his, reports Scroll.

According to India Today, a division bench in Odisha HC comprising of Justice S K Mishra and Justice Savitri Ratho heard Jena’s plea and allowed the same-sex couple to live together. The HC also promised to provide all kinds of protection to the couple, including the right to life, right to equality before the law and equal protection of the law.

Justice S K Mishra, who headed the bench said that the individuals had the right to choose their own sexual preferences.

“There is hardly any scope to take a view other than holding that the petitioner has the right of self-determination of sex/gender and also he has the right to have a live-in relationship with a person of his choice even though such person may belong to the same gender as the petitioner,” Justice Mishra said.

“The oft-quoted maxim ‘Love knows no bounds’ has expanded its bounds to include same-sex relationships. The freedom of choice is therefore available to the two individuals in this case who have decided to have a relationship and live together and society should support their decision,” said Justice Ratho.

Justice Mishra has asked the Jajpur Superintendant of Police to make sure that Jena’s partner joins him soon in Bhubaneshwar. Only her mother and sister will be allowed to visit her in Jena’s house, reports The Telegraph.

Actor Konkona Sensharma and several others on the internet are lauding Odisha HC for its decision!

What a beautiful, progressive order. Thank you Odisha HC! https://t.co/80q1qaOWOM

— Konkona Sensharma (@konkonas) August 27, 2020

There are days India gives immense hope. Count today as one of them. https://t.co/egs2uxmxow

— Kunal Singh (@d_extrovert) August 27, 2020

Well done. Really well done. There is too little personal freedom in India and too much society etc pressure. Let our society breathe free. https://t.co/k9ff1KA4TV

— HindolSengupta (@HindolSengupta) August 27, 2020

Well done Odisha! Shedding centuries of Imposed conservatism for original Indian expansive social attitude. Live and let live. God bless the couple and the court.

— Manjeet Kripalani (@ManjeetKrip) August 27, 2020

Well said! The restrictions & conservative mores that were imposed on an inclusive, liberal and truly open society -that #India has been for millennia -need to be dismantled. I appreciate the judgement of the #Odisha HC which is a significant step forward ! @HindolSengupta pic.twitter.com/SrGjfsPAih

— Bharat Wakhlu (@Dilleye) August 27, 2020

That's a good news 💯

— Shobhna Baliarsingh 🖤🤍💜🏳️‍🌈 (@shobhnashines) August 27, 2020

I am so hopeful for future of India.. https://t.co/Pwd9LcQwM2

— श्रावणी 🇮🇳 (@ShrawaniGupta) August 28, 2020

A huge (and a very deserving) win for love! ❤️ 🏳️‍🌈 https://t.co/NhJBD5B2Lo

— Urja Doshi (@Urja_19) August 27, 2020

When everything seems bleak there will be a light at the end of the tunnel. Always. https://t.co/LrzKZAdXqS

— Abhinav Sharma (@Abhinavivixv) August 27, 2020

This is a massive win for the LGBTQ community!