XYZ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) At the outset, learned counsel for the petitioners seeks leave to amend i.e. to amend the prayer clauses. Leave granted. Amendment to be carried out forthwith. Corresponding amendment be also carried out in the copies of the learned APP.

(2.) By this petition, the petitioners seek a direction to the respondent Nos.1 and 2 to provide the petitioners appropriate protection, so as to safeguard their life, liberty and dignity, in particular protection from the petitioner No.1's family. In the amended prayers, it is prayed that the petitioners be protected from being forced to leave Maharashtra; that the respondents be directed not to take any coercive action against the petitioners on any missing complaint; and that certain guidelines be framed for the police in handling/dealing with the cases pertaining to LGBTQIA+ persons.

(3.) The petitioner No.1, aged 28 years, is not a resident of Maharashtra. The petitioner No.1 is a double Graduate, having completed her B.A and B.Com. The petitioner No.2 is a resident of Maharashtra, aged 32 years and works in a hospital. According to the petitioners, the relationship between them i.e. same sex relationship, is consensual. According to the learned counsel for the petitioners, the petitioner No.1 voluntarily left her house and decided to cohabit with the petitioner No.2, who lives in Maharashtra (we have withheld the name of the cities and name of the petitioner No.1's State, to protect the petitioners identity, so that their whereabouts are not known to the petitioner No.1's family, in view of the apprehension expressed by the petitioners).