HC reinstates home guard dismissed for allegedly showing affection, in video, to LGBT partner

PRAYAGRAJ : The Allahabad high court has ordered reinstatement of a home guard, who was dismissed from service after he was allegedly seen in a video showing affection to his LGBT partner.

The court has directed commandant general of home guards, headquarters, Lucknow to take the home guard back in service with immediate effect.

Justice Sunita Agarwal passed the order, while allowing the petition filed by the home guard challenging cancellation of his appointment by district commandant of home guards, Bulandshahr on June 11, 2019.

In reply to the petition, the district commandant of home guards, Bulandshahr, had stated that the petitioner had indulged in untoward activity because of his sexual orientation.

The court said the dismissal order was in violation of the Navtej Singh Johar ruling of Supreme Court and observed, “The apex court, in the said case, has held that the sexual orientation of the person is his individual choice and any act of treating it as an offence would

be interference in the right of privacy of the person concerned.”

“It was held that any display of affection amongst the members of the LGBT community towards their partners in public, so long as it does not amount to indecency or has the potentiality to disturb public order, cannot be bogged down by majority perception,” observed Justice Agarwal.

The court quashed the dismissal order terming it “vindictive in nature”. The high court order, dated February 2, 2021, came to light on Monday only.