SC To Confirm If Kerala Woman In Same-Sex Relationship Detained Illegally By Family

The Supreme Court decided on Monday to confirm if a young woman in Kerala was being detained by her parents to avoid any contact with her same-sex partner or if she was staying at home out of her own free will. The apex court stayed an order passed by the Kerala high court directing the woman to undertake counselling.

The bench led by Chief Justice of India DY Chandrachud intervened when the woman’s partner, Devu G., filed an appeal with the Supreme Court.

Devu claimed that she and the woman, both in their early twenties, were in a relationship.

Woman In Same-Sex Relationship Detained

In her petition, through advocates Sriram Parakkat and Vishnu Shankar, Devu stated that she had filed a habeas corpus petition with the Kerala High Court. However, the court, instead of ordering her parents to produce their daughter, directed a District Legal Service Attorney to visit her home and ascertain whether or not the woman was detained. Further, the High Court also suggested "counselling sessions" for Devu.

The petitioner's counsel argued that the Kerala High Court’s suggestion for gender sensitisation counselling was "fundamentally erroneous." Also, the court cannot expect the woman to give an independent answer when she was living under her parents' roof.

The petitioner also pointed out that the Madras High Court had recently passed directions against coercing LGBTQ+ people to undergo counselling.

The Supreme Court Bench stayed further proceedings of the High Court and ordered that the woman be produced before the concerned Family Court on February 8.

Then the woman would interact with a senior judicial officer who is also a member of the Supreme Court e-committee.

The Supreme Court ordered the principal judge of the Family Court to arrange an interview of the detained woman with Saleena VG Nair, a member of the Supreme Court E-Committee who is also a senior judicial official in Kerala. The interview will be arranged in consultation with the Principal Judge of the Family Court.

The senior judicial officer will consult the woman about her wishes and confirm whether she was illegally detained at home by her parents.

The family court would ensure that the woman's statement was recorded in a free and fair manner without any coercion or duress from her parents.

The meeting report must be submitted to the APEX court in a sealed cover by February 17, the next date of the hearing.

Suggested Reading: Madras HC Judge To Sit With Psychologist To “Understand Same-Sex Relationships Better”