Delhi High Court Upholds Rights of Lesbian Couple Amidst Family Resistance
In a landmark decision, the Delhi High Court has upheld the rights of a lesbian couple to live freely in society, emphasizing their autonomy and choice. The court’s ruling came in response to a habeas corpus plea filed by one of the partners after her significant other was allegedly taken away by her family due to their relationship.
The bench, comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, interacted separately with the survivor, her father, and the petitioner in chambers. The survivor, a 22-year-old woman, expressed her desire to live with the petitioner, her friend. The court noted,
“We are of the considered opinion that [the survivor] is at liberty to stay with whomsoever and wherever she wants.”
This decision was reached after the court had previously directed the survivor to stay at the Shakti Shalini Shelter Home, an NGO focused on gender equality and supporting survivors of gender and sexual violence. The organization was also tasked with counseling the survivor and her family. A status report from the NGO revealed that the survivor’s father and maternal uncle believed she had been “brainwashed” by the petitioner. Despite attempts to understand homosexuality, the family found it challenging to accept.
The court’s order explicitly stated,
“The petitioner and survivor are at liberty to live their lives in the society as per their own style…We hereby make it clear that the parents, relatives, and their associates shall not extend any threat in whatsoever manner directly or indirectly or exert undue pressure upon the petitioner as well as the survivor.”
Furthermore, the court directed the concerned SHO to provide the couple with the contact details of the beat constable and W/SI for any assistance they might need. The court warned that any violation of its order would result in action against the offending party.
Despite the court’s earlier efforts to counsel the survivor’s parents, they struggled to come to terms with her sexuality. The court, however, emphasized the survivor’s rights as an adult, stating she
“cannot be forced to go to any place against her wishes.”
This ruling underscores the importance of individual rights and the evolving societal understanding of LGBTQ+ relationships in India. The decision, published on September 1, 2023, is a significant step forward in the fight for LGBTQ+ rights and acceptance in the country.
