Lesbian couple in India can form a family, judge rules
Ruling frees partner who had been detained by anti-gay parents
The Madras High Court in southern India says same-sex couples can form families.
The ruling come in response to a Habeas Corpus Petition from a 25-year-old woman who protested the detention of her partner by the partner’s parents. It was reported earlier this month by the New Delhi-based Statesman News Service.
In her plea, the petitioner from Tirupattur district charged the police with forcing her partner to go with her parents in Vellore city.
The partner, who is an adult, confirmed before the court that her parents had confined her against her will at their home. The court then ruled that the detained partner could leave the parents and stay with the petitioner.
Even though the Indian Supreme Court has not legalized same-sex marriage, the court said that marriage is not the only basis for forming a family,
The court censured the police for forcing the partner to go with her parents even after a complaint was filed with them. THe court said that police and other government officials are duty-bound to seriously address complaints of threats and harassment from the LGBTQIA+ community.
The court ordered: “We also restrain the [detainee’s] family members from interfering with her personal liberty. We issue a Writ of Continuing Mandamus to the jurisdictional police to afford adequate protection to the [detainee] as well as the petitioner as and when required,” read the order.
The justices admitted they were unable to convince the parents to accept the women’s relationship. They added, “But the law is very clear. All individuals, regardless of their sexual orientation and gender identity, possess the right to universal enjoyment of human rights.”
“Same sex couples can very well form a family. Marriage is not the sole mode to found a family. The concept of ‘chosen family’ is well settled and acknowledged in LGBTQIA+ jurisprudence. The petitioner and the detenue can very well constitute a family,” said Justice GR Swaminathan, who authored the verdict.
Justice Swaminathan also gave the couple Rs 1000 [about US $12] from his own pocket for their transportation expenses.
Source: The Stateman of New Delhi
