A Single-judge bench of the Madras High Court, comprising of Justice N. Anand Venkatesh while dealing with a matter wherein the petitioners (partners in same sex relationship) expressed their consent to live together despite receiving opposition from their parents, observed that this was a sensitive matter and hence it needed to be handled with due diligence. The Court referred the Petitioners and their respective parents to a counsellor working with LGBTQI+ individuals.
“This Court thought it fit to refer the Petitioners and their respective parents to a counsellor who specialises in working with LGBTQI+ individuals. This move becomes very vital since this Court is moving into unchartered waters, and a report from a specialist will provide support to this Court to move forward in this case.”
Factual Background
The Petitioners were a same sex couple. They wanted to live together and enjoy their life happily. The parents of the petitioners opposed their relationship and filed two FIR against them. One of the FIRs alleged that theri was missing.
Reasoning & Decision of the Court
The Court tried to assess the mental situations of the petitioners and their family members. The Petitioners were supported by an NGO namely, International Foundation for Crime Prevention and Victim Care (“PCVC”). The Court interacted with the parents of the Petitioners as they were not ready to accept their relationship immediately and they were also concerned for the safety of their daughters.
The Court noticed that:
“they were more concerned about the security of the Petitioners and were worried that the Petitioners should not get exploited. They were more eager to talk with their respective daughters, since they have not heard from them for more than a month.”
The Court directed the Mediation cell to help the parents to interact with their daughters. The Court expressed that:
“I personally spent some time in doing some research and collecting materials to arrive at a proper understanding of this issue. It would have been possible for me to pack my Order with a lot of research material and get applauded by the outside world for rendering a scholarly Order. There was a call from inside which kept reminding me that if I venture into such an exercise at this stage, it will only be hypocritical of me since the Order will not reveal my true and honest feeling about this very important issue. To be open, I am also trying to break my own preconceived notions about this issue and I am in the process of evolving, and sincerely attempting to understand the feelings of the Petitioners and their parents thereafter, proceed to write a detailed Order on this issue. That is the reason why I am trying to develop this case brick by brick and ultimately, construct something purposeful on this issue.”
The Court held that:
“the present status quo will be maintained and the Petitioners will continue to be under the protection of the above said organisation and informed the Police Officer where complaint of missing was registered, which was pending in their police station must be immediately closed.
The Court also requested to Ms. Vidya Dinakaran, M.Sc. Counselling Psychology to send a report to this Court in a sealed cover preferably on or before 26.04.2021."
The Bench posted the matter on 28.04.2021. for next hearing and directed the Registry to place this Order before the Hon’ble Chief Justice and get the necessary permission on the administrative side.
Case Details
Case: W.P.No.7284 of 2021
Quorum: JUSTICE N.ANAND VENKATESH
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