Same-Sex Habeas Plea | Punjab & Haryana HC Directs State To Take Minor Girl To Psychologist, Constitute SIT To Probe Allegations Of Assault By Police

The Punjab & Haryana High Court has directed the DCP, Panchkula to take the minor partner in same-sex couple habeas case to counselling considering that she was under the influence of her partner.

Justice Sandeep Moudgil took note of the suggestion of the amicus curiae that the minor girl was in "deep influence" of her partner and should be taken for psychological counselling at the earliest.

The DCP, Panchkula undertook to make necessary arrangements for counselling in consultation with the Child Welfare Committee, Haryana, having a trained psychologist.

"it is directed that (minor girl) be taken for such counselling as per requirement and advice of counsellor, after having requisite information and appointment from the said Committee," the Court said.

The Court further directed the State to constitute a SIT which would not consist of ASI Anand against whom allegations of maltreatment and beating had been raised by the petitioner and the alleged detenue.

While listing the matter for April 05, the Court directed that the outcome of the investigation be apprised by way of an affidavit by Himadree Kaushik, Deputy Commissioner of Police, Panchkula.

Background

The court was hearing a habeas corpus plea moved by the alleged detenu's partner in December 2023. She claimed that when they had approached the police expressing their wish to live together, they were allegedly slapped by the officer and the alleged detenu was forcibly taken to her family.

The petition filed by the alleged detenue's partner also stated that the family members of the alleged detenu may compel her to marry someone of their choice, as they have already threatened to do the same or even cause her fatal physical harm.

However, as per documents produced, the alleged detenue was found to be a minor and the Court handed over her custody to her parents. The Court also discovered that two Adhar cards were issued in her name, and as per one of them she was a minor and per another a major.

Meanwhile, the Court had asked UDIAI (Unique Identification Authority of India) and other concerned authorities to explain how two Aadhar Cards with different dates of birth had been issued in the name of the minor girl.

On March 06, the father of the girl complained before the Court that his daughter was abducted by the petitioner from their home and her whereabouts were not known.

"If allegations of father of alleged detenue are assumed to be correct, which otherwise at this stage also prima facie seems to be a case of abduction particularly during the pendency of the present petition wherein this Court is seized of the issue in hand the abduction of minor who was taken into custody by her parents in Court, is shocking which demonstrates the total failure of machinery and enforcing law and order," the Court had then observed.

On March 13, the minor girl who was allegedly abducted appeared in the Court and narrated that the couple was tortured and beaten at the hands of ASI Anand from Police Station Chandimandi.

Considering that the minor girl was not willing to go with her parents, the Court sent her to a shelter home.

Vishal Sharma, Advocate for the petitioner.

 B.S. Virk, Sr. D.A.G., Haryana.

Sanjay Jain, Legal Aid Counsel for respondents No.4 and 5.

Prateek Gupta, Advocate, for CBI.

Varun Issar, Sr. Standing counsel for the respondent-UIDAI.

Manish Bansal, Advocate and Ankush Singla, Advocate, and Navjit Singh, Advocate, for U.T., Chandigarh.

Title: XXX v. State of Haryana & Ors.