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High Court orders reinstatement of home guard sacked for being gay

The top 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 the privacy of the person concerned.

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The Allahabad High Court has directed reinstatement of a home guard dismissed from service after a video of him with his same sex partner surfaced, saying display of public affection amongst LGBT members cannot be bogged down by majority perception if it does not amount to indecency or has potential to disturb public order.

Justice Sunita Agarwal directed the Commandant General of Home Guards, headquarters, Lucknow to take the petitioner back in service with immediate effect, and said he shall be entitled to all admissible dues and the honorarium shall be paid regularly as and when the same falls due.

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