SUPREME COURT: STAYED HIGH COURT DIRECTION TO WOMEN IN SAME-SEX RELATIONSHIP TO UNDERGO COUNSELLING

The Supreme Court in the case observed and has stayed an order which is passed by the Kerala High Court wherein the court directed a 23-year old woman, who is being stated to be in a same-sex relationship for undertaking the counselling. An order has been passed by the High Court in a habeas corpus petition which is field by her same-sex partner wherein it is alleged that she had been illegally detained by her parents. The counsel appearing for the petitioner informed the bench that it has been directed by the High Court that the woman to undergo gender sensitisation counselling. It has also been argued by the petitioner that the direction which are being issued by the High Court is an invasion on personal autonomy and an affront to dignity. It has also been pointed out that the directions has been passed by the Madras High Court against coercing LGBTQ+ the people who undergo counselling. In the said case, a notice has been issued by the Supreme Court to the parents of the woman. Therefore, it has also been directed by the Apex Court that the said production of the alleged detenu before Family Court at Kollam.

Further, it has also been directed by the Presiding Officer of the Family Court for arranging an interview of the alleged detenu with Ms Saleena V.G. Nair, the member of the e-committee of Supreme Court and the judicial officer from Kerala, for ascertaining her stand. Further, it has been noted by the court in its order that the office shall after interacting with the detenu submit a report after ascertaining her wishes and on whether she being voluntarily residing with her parents or is being kept under illegal detention. The court also stated that it shall be ensure by the Principal Judge of the Family Court and Ms Saleena that the statement of the detenu is being recorded in a fair and free manner without any coercion or duress from the said parents. Therefore, this court submitted the said report in a sealed cover before the next date of listing