On Monday, the Supreme Court stayed Kerala High Court order directing a 'lesbian' woman to undergo counselling after her partner of same-sex filed petition against her illegal detention by her parents.
The 23-years old identify as part of the LGBTQAI+ community and is in a realtionship with another woman. Her partner filed a heabus-corpus against her detention by her parents contending that the same is forceful.
A three-judge bench headed by CJI DY Chandrachud and also comprising of Justice PS Narasimha and Justice JB Pardiwala took the matter on urgent basis despite it not being listed for the day.
Her Counsel, Advocate Sriram Parakkat apprised the Bench that the High Court directed the woman to undergo gender sensitisation counselling. He argued that this is an invasion her privacy and an affront to her dignity.
The Counsel also pointed out the recent observations of the Madras High Court barring counselling of LGBTQAI+ community members.
The Supreme Court has issued notice to the petitioner's parents and directed her production before Family Court at Kollam. The Presiding Officer of the Family Court has been directed to arrange an interview of the alleged detenu with Ms Saleena V.G. Nair, member of e-committee of Supreme Court and a judicial officer from Kerala, to ascertain her stand.
"Counsel appearing on behalf of the petitioner submits that the petitioner and the detenu are in a same sex relationship and the order of the High Court directing that the statement of the detenu should be recorded by the Secretary of the DLSA when she was under the confines of her parents would not serve the purpose. Moreover, it has been submitted that the direction of the High Court for the detenu to attend counselling sessions is fundamentally erroneous," the order read.
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