Key Words : Kerala High Court, Gender Identification, Justice C. Jayachandran
The order was given by a division bench of Justices Anu Sivaraman and C. Jayachandran in response to a habeas corpus request made by the parents who claimed that their “daughter” had been unlawfully imprisoned by a group known as Sahayathrika.
The parents of a 21-year-old were recently ordered by the Kerala High Court to seek therapy in order to comprehend the idea of gender identity.
The order was made in response to a habeas corpus request made by the parents, who claimed that a group called Sahayathrika had wrongfully imprisoned their “daughter” (as she was described in their petition).
In Kerala, a group called Sahayathrika serves the needs of transgender people and lesbian/bisexual women.
Sahayathrika was only assisting the individual with gender identification when the bench talked with the detained person, who informed the bench that there was no illegal detention taking place.
The person’s sister and parents were also in contact with the bench.
According to its opinion, the sister and parents need counseling in order to comprehend and embrace the idea of gender identity, and it mandated that the District Legal Services Authority (DLSA), Alappuzha, set up the necessary counseling for them.
We consider that the petitioners need counseling in order to accept the fact that the alleged detenue is attempting to exhibit a new gender identity after meeting with the petitioners and their children. As a result, we instruct the Secretary of the DLSA in Alappuzha to take the necessary efforts to find a suitable individual to engage with and counsel the petitioners for the particular purpose mentioned above.
The putative detainee was allowed to return with Sahayathrika, and the parents and sister were told to appear before the DLSA on September 20.
In a related matter, the Delhi High Court recently mandated parental counseling for a 22-year-old lesbian lady in order to assist them in accepting their daughter “as per her wishes.” The parents, however, resisted accepting their daughter’s sexual orientation in spite of counseling. She was allowed to remain with her lover by the court, who ruled that she could not be made to live somewhere she did not want to.
The bench ordered the parents and sister to appear before the DLSA on September 20 and allowed the claimed detenu to return with Sahayathrika.
In a related matter, the Delhi High Court recently mandated parental counseling for a 22-year-old lesbian lady in order to assist them in accepting their daughter “as per her wishes.” The parents, however, resisted accepting their daughter’s sexual orientation in spite of counseling. She was allowed to remain with her lover by the court, who ruled that she could not be made to live somewhere she did not want to.
Name : Pallavi Sethi intern under legal vidhiya
