In a landmark judgment, the Supreme Court has issued comprehensive guidelines for High Courts when dealing with habeas corpus petitions or petitions seeking police protection, particularly concerning members of the LGBTQ+ community. This significant development follows a petition filed by a woman challenging a Kerala High Court order that mandated her alleged lesbian partner to undergo counselling during the consideration of a habeas corpus petition.
Led by Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, the bench emphasized the need for an empathetic approach by the courts in such cases, recognizing the potential torment faced by LGBTQ+ individuals due to directives for counselling. The issued guidelines underscore the importance of queer-sensitive conduct and mandate their strict adherence, viewing them as indispensable tools for safeguarding the dignity and fundamental rights of LGBTQ+ individuals, intimate partners, and same-sex partners.
Crucially, the Supreme Court expanded the definition of ‘family’ to encompass not only biological relatives but also friends, intimate partners, and close associates within one’s social circle. This recognition holds particular significance for LGBTQ+ individuals who often encounter societal oppression and familial rejection, necessitating support from chosen social networks during times of need.
The bench’s directive serves as a stern reminder against inadvertent complicity in the violation of the dignity and rights of LGBTQ+ individuals. The court’s stance reaffirms its commitment to upholding constitutional principles and ensuring justice for all members of society, irrespective of sexual orientation or gender identity.
The case, initiated by a woman challenging the Kerala High Court’s decision regarding her alleged lesbian partner, saw the Supreme Court’s intervention last year. Upon receiving a report from Ms. Saleena V.G. Nair, appointed by the court to interact with the alleged partner, the court abstained from issuing further directives. However, recognizing the broader implications of the case, the Supreme Court promulgated the aforementioned guidelines to address systemic issues and protect LGBTQ+ rights.
Advocate-on-Record Sriram Parakkat represented the petitioner in the case titled DEVU G. NAIR vs. THE STATE OF KERALA SLP(Crl). This judgment marks a significant step forward in advancing LGBTQ+ rights within the Indian legal framework, reaffirming the judiciary’s commitment to inclusivity and equality before the law.
