“If Display Of Affection Between LGBT Partners Isn’t Indecent, It Can’t Be Bogged Down By Majority Perception:” Allahabad High Court Reinstates LGBT Member In Service

The Allahabad High Court quashed the order of the cancellation of the appointment of the petitioner (one Pramod Kumar Sharma) on account of a viral video of the petitioner. The Bench of Justice Sunita Agarwal noted that in the Counter Affidavit (filed by the officer who had passed the order of cancellation) sexual orientation of the petitioner was stated to be indulgence in untoward activity. Observing that it is completely in violation of the observations of the Apex Court in Navtej Singh Johar v. Union of India reported in (2018) 10 SCC 1, the Court directed the Commandant General of Home Guards, Head Quarters, U.P. Lucknow to take the petitioner back in service with immediate effect.