“Is this a queer couple matter?…take this immoral thing back where it came from,” the judge remarked in the open court, throwing the file
Five years ago, the Supreme Court of India acknowledged the historical debt owed to the Lesbian, Gay, Bisexual, and Transgender (LGBT) communities, recognizing the prolonged injustice and ostracism they endured. The court decriminalized homosexuality, affirmed the community’s rights, and urged the government to promote awareness and prevent discrimination.
However, a recent incident involving Punjab and Haryana High Court Judge, Justice Pankaj Jain, has sparked controversy. In response to a case involving a same-sex couple, where a 23-year-old woman sought help for her 19-year-old partner allegedly held captive by her parents in Uttar Pradesh, Justice Jain expressed strong disapproval. In open court, he remarked, “Is this a queer couple matter?…take this immoral thing back where it came from,” and threw the file.
When the petitioner’s lawyer tried to intervene, Justice Jain dismissed her, stating, “Madam, I don’t subscribe to the theory that constitutionality and morality are different.”
A subsequent order released later in the day scheduled the next hearing for January 15. The order referred to the petitioner’s counsel mentioning a telephonic conversation between the detainee and the petitioner’s mother, raising questions about the petitioner’s standing as the next best friend of the detainee from Unnao, Uttar Pradesh. The counsel requested additional time to provide relevant material.
The petitioner’s lawyer declined to comment on the issue, but the recent incident involving Punjab and Haryana High Court Judge, Justice Pankaj Jain, has drawn criticism for his juxtaposition of constitutionally protected rights of same-sex individuals and his personal morality.
Advocate Maninderjit Singh expressed concern, stating that if the incident is true, it should not have occurred. He emphasized that the queer community relies on the judiciary to secure their rights, especially since legislative reforms have been limited since the 2018 Navtej Singh Johar judgment.
The historical context of the legal battle for LGBTQ+ rights in India was highlighted, including the British colonial-era criminalization of homosexuality under Section 377 of the Indian Penal Code. The Delhi High Court initially decriminalized homosexuality in 2009, but the Supreme Court overturned that decision in 2013. In a landmark verdict in 2018, a Constitution bench unanimously read down Section 377, recognizing the constitutional violations of criminalizing consensual adult relationships.
The recent incident involving Justice Jain suggests that biases may persist even within certain sections of the higher judiciary, underscoring the ongoing challenges in combating discrimination against the LGBTQ+ community.
