Supreme Court Stays HC Direction To Woman In Same-Sex Relationship To Undergo Counselling

The Supreme Court on Monday stayed an order passed by the Kerala High Court directing a 23-year old woman, who is stated to be in a same-sex relationship, to undertake counselling. The High Court passed the order in a habeas corpus petition field by her same-sex partner alleging that she had been illegally detained by her parents.

Challenging the High Court order, the partner approached the Supreme Court. The matter was urgently mentioned by Advocate Sriram Parakkat  before a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. Even though the petition was not listed for today, the bench decided to hear it at the end of the board.

The petitioner's counsel told the bench that the High Court directed the woman to undergo gender sensitisation counselling. The petitioner argued that the High Court direction is an invasion on personal autonomy and an affront to dignity. It was also pointed out that the Madras High Court had recently passed directions against coercing LGBTQ+ people to undergo counselling.

Hearing the petitioner, the Supreme Court issued notice to the parents of the woman. Further, the Apex Court directed the production of the alleged detenu before Family Court at Kollam. The Presiding Officer of the Family Court has been directed to arrange an interview of the alleged detenu with Ms Saleena V.G. Nair, member of e-committee of Supreme Court and a judicial officer from Kerala, to ascertain her stand.

"The officer shall after interacting with the detenu submit a report after ascertaining her wishes and on whether she is voluntarily residing with her parents or is kept under illegal detention. The Principal Judge of the Family Court and Ms Saleena shall ensure that the statement of the detenu is recorded in a fair and free manner without any coercion or duress from the parents. The report shall be submitted to this Court in a sealed cover before the next date of listing", the Court further noted in the order.

Advocate Sriram Parakkat, MS Vishnu Shankar and Luke J Chirayil represented the petitioners.

Case Title: Devu G v. State of Kerala | Diary No(s). 5027/2023

Click Here To Read Order