A Habeas Corpus plea has been filed by a woman in the Kerala High Court, alleging that her lesbian partner was forcefully separated from her by her partner’s parents.
A division bench comprising Justice PB Suresh Kumar and Justice CS Sudha heard the case and directed the police to produce the petitioner’s partner before the court on June 19 for the next hearing.
The court also issued notice to the parents of the petitioner’s partner, seeking their response.
The petitioner, a woman, stated that both she and her partner come from orthodox Muslim families. When their families discovered their relationship, they made significant efforts to separate them. The couple eloped and left their homes on January 27. However, the relatives of both women approached the police, and a case was registered. Eventually, a Judicial First Class Magistrate Court considered the case and allowed the couple to live together. They subsequently relocated to Ernakulam district.
According to the plea, the petitioner’s partner was forcefully taken away by her parents on May 30 and is currently being unlawfully detained by them.
Appearing for the petitioner, Advocates Aneesh KR and Saurav B argued that the police have taken no action despite the petitioner lodging several complaints.
The petitioner expressed fear that if prompt action is not taken, her partner’s family will subject her to conversion therapy and force her to leave India.
“The petitioner respectfully submits that the detenue is under the illegal detention of respondents 5to 7 and their henchmen. She is ready to come with the petitioner. She has been mentally and physically tortured and even admitted in the mental hospital alleging that she is mentally ill. The petitioner apprehends that the detenue will be subjected to conversion therapy and would be taken out from India against her will. The petitioner apprehends threat to the life of the detenue,” the plea stated.
The petitioner has also made an allegation that the police’s inaction is a result of political pressure. Referring to the significant Supreme Court judgment in Navtej Singh Johar & Ors. v Union of India, which decriminalized consensual homosexual sex, the petitioner asserted their right to live together as life partners.
