Madras HC on LGBTQIA+ Rights: ‘Same-Sex Marriage Not Legalised, But Couples Can Very Well Form a Family’

The Madras High Court has allowed a 25-year-old lesbian, who was detained by her family against her will, to go with her female partner as she is entitled to do the same as per her will. Bench comprising justices GR Swaminathan and V Lakshminarayanan passed the orders on a habeas corpus petition (HCP) filed by the woman’s partner, hailing from Tirupattur district, praying for an order to liberate the woman from being illegally detained by her parents at Gudiyatham in Vellore district.

Giving the example of the Supreme Court's order in the Supriyo @ Supriya Chakraborty Vs Union of India case may not have legalised marriage between same sex couples, but they can very well form a family. “We have come to the conclusion that the detenue is entitled to go with the petitioner (female partner) and that she cannot be detained against her will by her family members,” the bench said, reported the New Indian Express.

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The court also restrained the woman's family members from “interfering with her personal liberty.” The court also issued a “writ of continuing mandamus” to the jurisdictional police for providing sufficient protection to the woman and her partner as and when required.

The bench also slammed the police in Gudiyatham in Vellore district, Reddiyarpalayam in Puducherry, and Jeevan Beema Nagar in Karnataka for failing to respond to the petitioner's urgent messages and forcing the woman to go with her parents.

The court said that it had endeavoured in vain to impress upon the mother that her daughter is entitled to choose a life of her own since she is an adult, as the law and precedents are clearer on the issue.