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Allahabad HC orders the sacking of a local guard for being gay reinstated | India News

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PRAYAGRAJ: Noting that any display of affection among members of the LGBT community towards their partners in public, as long as it does not amount to indecency or has the potential to disturb public order, cannot be bogged down by the perception of the majority, the higher court from Allahabad recently directed reinstatement of a house guard.
He had been fired on the charge of “indecency” on the basis of a video in which he was allegedly seen “showing affection” to his same-sex partner.
Calling him “vindictive”, Judge Sunita Agarwal annulled the order canceling the appointment of the local guard in Bulandshahr, and ordered the general commander of the local guards, HQ Lucknow, to reinstate him with immediate effect.
The court made the order noting the response (counter-affidavit) submitted by the district commander stating that “the petitioner’s sexual orientation was leniency in an adverse activity.”
The HC said the order violates the Supreme Court decision in Navtej Singh Johar v Union of India, where it had observed that “a person’s sexual orientation is their individual choice and any act of treating it as a crime would be a interference in the right to privacy of the person concerned “.
The court, in its February 2 order, said that the petitioner would be entitled to all admissible fees and that the fees will be paid regularly as they become due.

Times of India

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