During a court hearing, a habeas corpus petition was presented by the partner of a woman who was reported missing and allegedly taken away by her family. The petition sought to establish the whereabouts of the woman and bring her to court. The case was being closely monitored by the court to ensure that the woman’s rights and safety were not being violated.
The High Court directed the family members not to put any pressure on or threaten the two women and allowed them to live their lives according to their wishes.
The woman expressed her reluctance to go back home with her parents and instead wished to stay with her partner. The court emphasized that the woman is an adult and has the right to make her own decisions. The court made it clear that no one, including her family members, could force her to go against her wishes.
Furthermore, the court warned that if anyone violates the court’s order, strict legal action would be taken against them. The court’s decision serves as a significant step towards protecting the rights of the LGBTQ+ community and ensuring that they are free to live their lives without any fear or intimidation.
A bench of Justices Suresh Kumar Kait and Neena Bansal Krishna has made it clear that neither the parents, relatives, nor their associates shall threaten the petitioner or the survivor, directly or indirectly, in any way or with undue pressure. The justices stated that the petitioner and survivor are free to live their lives in society as they wish.
During the last hearing, the woman was presented before the court, which ordered the police to take her to a shelter home and make necessary arrangements for her accommodation.
On August 29, the bench stated that the woman is 22 years old and cannot be forced to go anywhere against her will. The woman is free to stay wherever and with whomever she pleases, as per the law.
During the court proceedings, the woman’s father informed the judges that a police officer would provide her with all of her possessions and documentation. Additionally, the bench approved the couple’s cohabitation at the petitioner’s residence and directed the Station House Officer (SHO) of the involved police station to grant the couple access to the phone numbers of the woman sub-inspector and beat constable.
Previously, the woman’s mother’s uncle and parents were ordered by the high court to undergo counselling to prepare themselves for accepting her “as per her wishes.” However, on August 29, the bench was informed that the woman’s uncle claimed during the counselling session that she had been brainwashed by her spouse. He claimed that despite reading about homosexuality, his family had a hard time accepting it.
Written by B. Krishna nikhitha of KL University Vijayawada Andhra Pradesh ( 5th semester )an intern under Legal Vidhiya
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