Rajasthan High Court Provides Police Protection To Woman Who Was Detained By Father, Upholds Her Right To Stay With Transgender Partner

In a habeas corpus plea filed by a transgender man, the Rajasthan High Court has upheld the right of a cis-gender woman to live with her partner of choice.

Upon production of the woman before the Court, she stated that her father had been illegally detaining her in his house and torturing her.

The Division Bench of Justices Pankaj Bhandari and Bhuwan Goyal, after interacting with the woman, ordered that she may be taken to the place of her choice with police protection for aid.

In the plea filed on behalf of the detainee by her transgender partner, it was alleged that the woman's father had forcefully confined her with the active support of police. According to the petitioner, the detainee had also been beaten up and subjected to mental torture including exertion of excess pressure for marrying against her will, which culminated in a suicide attempt by the detainee.

The aforesaid developments occurred after a failed attempt of both the detainee and the petitioner to elope together. The plea also stated that both the detainee and the petitioner in the current case wished to live together as a couple.

The petitioner also mentioned the mails written by the detainee to the state authorities and judicial officers seeking intervention, back in December 2023. She had even lodged a complaint with the National Commission For Women.

However, it was argued that the police merely recorded her statement after visiting her in her father's house. The petitioner submitted that the police even went to the extent of advising the detainee that she was better off living with her parents rather than living with a transgender man.

The petitioner also asserted that the police officials were conspiring along with the detainee's father in violating the right guaranteed to her under Article 21 of the Constitution.

It was alleged that the detainee's father who was a senior government official, was able to get the aid of police officials in thwarting an elopement attempt made by the transgender man and the woman.

The petitioner also pointed out that the State failed in its positive duty to protect the rights enshrined in Article 21. Citing Navtej Singh Johar v. Union of India (2018), the petitioner's counsel contended that the members of the LGBTQIA+ community are entitled to choose their life partners and the duty falls upon the state to reduce the harassment and violence meted upon queer people.

Reliance was also placed on Supriyo@ Supriya Chakraborty & Anr. v. Union of India, 2023 LiveLaw (SC) 900, to prove the legal position that a transgender man has the right to marry a cisgender woman under the laws governing marriage in the country, including personal laws.

Earlier, on 3rd January 2024, the Court had directed the State of Rajasthan to produce the detainee on 8^th January, 2024.

The bench sitting at Jaipur accordingly disposed of the habeas corpus plea after directing the police to provide protection to the detainee if she were to make a decision to live with her partner of choice.

Advocate Naman Maheshwari and Alind Chopra appeared in the habeas corpus plea, representing the petitioner woman.

Case Title: X v. State of Rajasthan Through P.P & Ors.

Case No: D.B. Habeas Corpus Petition No. 407/2023

Citation: Citation: 2024 LiveLaw (Raj) 6

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