Delhi HC Grants Protection To A Lesbian Couple To Live Their Lives In Society

The Delhi High Court has granted permission to a lesbian couple to live their lives as per their own style, ensuring that parents, relatives, and associates will not pose any threats.

The court has directed the relevant Station House Officer to share the mobile number of the petitioner or the survivor with a Beat Constable, and it has been clarified that if anyone violates the court’s orders, action will be taken against the guilty party.

This directive from the Delhi High Court came from a hearing on a habeas corpus petition filed by the female partner.

Justices Suresh Kumar Kait and Neena Bansal Krishna of the Delhi High Court, in an order passed on August 29, 2023, stated that they interacted separately with the survivor, her father, and the petitioner in chambers. It was revealed that the petitioner, along with her friend, wished to live together.

The court stated, “Our considered opinion is that Gulafsha is free to live with whoever and wherever she desires.”
Previously, on August 22, the court ordered her to be sent to Shakti Shalini Shelter Home, an NGO working for survivors of sexual and gender-based violence, for a week. Also, the court directed the Director of Shakti Shalini Shelter Home to counsel Gulafsha and her parents.

Upon reviewing the situation report submitted by the NGO, it was mentioned that during the counseling session, the father and maternal uncle (mama) of the survivor had alleged that the petitioner had brainwashed her.

However, the maternal uncle had also stated that he tried to educate her about homosexuality but the family disapproved it.

According to the report, the survivor told the counsellor that she doesn’t want to go back to her family and wishes to stay with her friend.

The court remarked that after hearing both sides and perusing the status report placed before it, it was found that the girl is a major and can’t be compelled to go to any place against her wishes in accordance with law.