The Andhra Pradesh High Court ruled that a family cannot stop an adult woman from living with a same-sex partner. The decision came after a woman claimed her partner was forcibly held by her family. The court stressed the importance of individual freedom and the right to choose one’s partner, regardless of gender. This ruling reflects growing support for LGBTQ+ rights in India.
The Andhra Pradesh High Court ruled that societal or familial pressures cannot restrict a woman, who has reached adulthood, from cohabiting with her same-sex partner.
A Division Bench, consisting of Justices R. Raghunandan Rao and Maheshwara Kuncheam, emphasized that an adult woman is entitled to make her own choices, including the decision to live with a same-sex partner.
This ruling came during a habeas corpus petition filed by a woman who claimed her same-sex partner, the alleged detenue, had been forcibly taken by her parents and others after the detenue lodged a complaint against her family on September 30, 2024.
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The petitioner, represented by Advocate Jada Sravan Kumar, argued that the Arrestee’s family was unlawfully detaining her and obstructing her ability to choose where to live.
On December 9, 2024, the court ordered the respondents to produce the Arrestee. During the hearing on December 17, the Arrestee was presented to the court, where she expressed her desire to be with the petitioner and stated her intention not to pursue any criminal complaints against her family.
The court ruled,
“In view of the fact that the detenue is a major and is free to make her own decisions about her life, neither the parents nor the other family members can restrain her from taking a decision in regard to her life.”
Acknowledging her autonomy, the court granted the habeas corpus petition and instructed the local SHO to ensure the safe escort of the detenue to the petitioner’s residence.
Additionally, the court mandated that,
“No criminal action shall be taken against the parents of the detenue or the family members of the detenue in relation to any action that is alleged against them in relation to this case, till today.”
Advocate Venkat Chalasani represented the family members, while the Advocate General of Andhra Pradesh appeared for the state.
In India, same-sex relationships decriminalized by the Supreme Court’s landmark judgment in Navtej Singh Johar v. Union of India (2018), which struck down Section 377 of the Indian Penal Code, affirming the constitutional rights to equality, dignity, and privacy for LGBTQ+ individuals. However, same-sex marriages and civil unions are not legally recognized, as highlighted in a 2023 Supreme Court ruling that deferred such decisions to the legislature while urging the government to address issues like inheritance, joint banking, and insurance rights for same-sex couples.
Adoption rights for same-sex couples remain restricted, allowing only single individuals to adopt irrespective of sexual orientation. Despite judicial progress, comprehensive legislative protections for same-sex partners are still lacking in areas like anti-discrimination and marriage equality.
Case Title
Chadalavada Pallavi v The State Of Andhra Pradesh and Others [WP No.: 28297/2024]
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