Kerala High Court directs counselling to Lesbian Couple; SC stays order and to hear urgently

Kerala High Court directs counselling to Lesbian Couple; SC stays order and to hear urgently

Chief justice of India Dr. DY Chandrachud sitting in a bench with Justices PS Narasimha and JB Pardiwala took up the plea of a lesbian couple urgently challenging a Kerala high Court order directing one of them to attend counselling sessions with a psychiatrist. In the morning session when the matter was heard during mentioning, the court directed the matter to be heard today itself by the end of the board.

Thereafter, the CJI heard the case at the end of the board and after hearing the advocate for the petitioner passed the order:

""We direct the fourth and fifth respondents (parents of the detenu) shall in the interim produce the detenu before the family court at Kollam. They shall arrange for an interview of the detenu with Ms Salina of the Supreme Court E-Committee. The officer of this Court shall submit a report on whether she is being kept in illegal detention. The statements shall be recorded in a fair manner, without any correction. Report to be submitted in a sealed cover. There shall be stay of further proceedings before the High Court till the next date of listing."

As per the arguments of the advocate for the petitioner, the Kerala High Court has directed petitioner's partner to attend counselling sessions with a psychiatrist as far as her sexual orientation is concerned. The plea filed before the SC narrates that both the partners are female and wish to get married but the parents of her partner have kept her in custody against her will to prevent them from staying together.

She had filed a Habeas Corpus Petition before the Kerala High Court under Article 226 of the Constitution.

The petitioner said that "The High Court erroneously sought to be sent for counselling. The Counselling impugned herein is obvious to change her sexual orientation. It is most respectfully submitted that this counselling is prescribed under law and the High Court of Madras, Uttrakhan and Odisha have specifically and categorically followed the law laid down by this High Court prohibited it.

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