'Counselling' In Habeas Corpus Proceedings Should Not Be To Change One's Sexual Orientation Or Gender Identity: Supreme Court To HCs

The Supreme Court on Monday (March 11) issued a word of caution that there should not be any attempt to influence the sexual orientation or gender identity of persons by directing them to undergo "counselling" during habeas corpus proceedings before High Court.

A bench comprising CJI DY Chandrachud, comprising Justices JB Pardiwala and Manoj Misra was hearing a petition filed by a woman against a Kerala High Court order which directed her alleged lesbian partner to undergo counselling. The High Court's direction was passed while considering a habeas corpus petition filed by the petitioner alleging that her partner was being illegally detained by her parents.

Last year, while staying the High Court's order, the Supreme Court had directed a member of its e-committee(Ms Saleena V.G. Nair, a former judicial officer from Kerala) to interact with the alleged partner to ascertain her wishes. According to the report submitted by Ms.Saleena Nair, the woman expressed her desire to stay with her parents. As per the report, the woman stated that she did not want to marry or live with anyone.

In the light of the report, the Court refused to pass further directions. However, while disposing of the petition, the Court observed :

"We wish to address a note of caution. The High Court has been passing orders directing counselling of detenue...Ascertaining the wishes of a person is one thing but it would be quite inappropriate to influence one's gender identity or sexual orientation by an alleged counselling."   

Advocate-on-Record Sriram Parakkat appeared for the petitioner.

Detailed report published after the judgment was uploaded on March 20 can be read here -'Judges Shouldn't Attempt To Change Views Of Couples, Sexual Orientation' : Supreme Court Issues Guidelines To HCs On Habeas Corpus & Protection Petitions

Case Details : DEVU G. NAIR vs. THE STATE OF KERALA SLP(Crl) No. 001891 - / 2023

Click here to read the judgment