Kerala High Court Grants Interim Police Protection To Lesbian Couple Amid Alleged Threats From Family

The Kerala High Court on Wednesday passed an interim order granting police protection to a lesbian couple who alleged that they were being targeted by their parents and henchmen.

This comes less than a month after a Division Bench closed a habeas corpus petition filed by one of the women (Sumayya) seeking the release of her lesbian partner Afeefa from the custody of her family. 

While directing the police to provide the couple with adequate protection, Justice P.V. Kunhikrishnan also issued notice to the concerned authorities of the State police and to Afeefa's parents.

Last month, a Division Bench of Justice P.B. Sureshkumar and Justice Shoba Annamma Eapen had closed the habeas corpus petition taking note of the petitioner's partner's/ the alleged detenu's statement that she wished to go with her parents.

In the new plea submitted by the petitioners, they have sought police protection on the ground that Afeefa's parents and their associates were still trying to separate them. 

In the earlier plea, Sumayya had alleged that she and Afeefa had been friends since early school days and had fallen in love with each other in Class 12. It was submitted that they had been residing together for a while. She stated that a lower court had permitted them to live together, and added that Afeefa's parents and brother had forcefully taken her away.

However, when the matter was taken up later on, Afeefa had informed the Court that while she had been living with the petitioner for some time, she did not wish to continue the same and that she was now residing with her parents on her own volition.

In the new petition, it has been submitted that Afeefa could not give an accurate account of the situation before since she was heavily drugged. 

The petitioners were represented by Advocates Aneesh K.R. and Saurav B. Public Prosecutor E.C. Bineesh appeared on behalf of the respondents.

Case Title: Afeefa C.S & Anr v. Director General of Police & Ors.

Citation: 2023 LiveLaw (Ker) 314

Click Here To Read/Download The Order