City's 'first same sex marriage' was a case of harassment by parents

The perceived first same sex marriage involving two women in the city appears to be a case of strained relations between one of the women and her parents.

Ankita (name changed), a 21-year-old girl residing in Vijayanagar, perhaps, took one of the most important decisions of her life after moving out of her parents’ house as she was subjected to domestic violence. She then found solace in a 25-year-old woman, a distant relative.

One of the advocates representing the women said they were unaware of any marriage between the two. Even if they have entered into a wedlock, it is not valid as per existing laws in the country.

The talk of same sex marriage irked her parents who were forcing her to get married soon after graduation. Not only that, she was under house arrest for days. When Ankita decided to move in with the 25-year-old woman, who was working at a call centre in the city, her parents filed a missing complaint at Vijayanagar police station on May 17. This, despite the fact that they could contact her through phone. With the intervention of an NGO and advocates, the issue was resolved by the end of May, between the woman and her parents.

Police harassment

After tracing the two women to Koramangala, their advocates say, police harassed Ankita by making calls to her mobile phone for two weeks, asking her to return to her parents.

“When a woman is seeking relief from the place of abuse, how can the police advise her to go back to the abuser?” said Ankita’s legal advisor. Vijayanagar police, while denying any harassment, said the case was resolved after she gave a statement to them at a place chosen by her. The police refused to share the identity or contact details of Ankita’s parents.

No crime

Section 377 of the IPC cannot be applied when two adults of same sex are consensually living together.

It does not criminalise based on identities or orientation. Two adults in any sort of consensual relationship or equation is legal as the law is silent on it, said experts. They said the parents were fortunate as the girl did not file a domestic violence case against them.

According to Gowthaman Ranganathan, an independent legal researcher, there seem to have been various instances where lawyers or police, along with parents, have harassed homosexuals. “Many police officials and lawyers misuse Section 377 to harass homosexuals. The idea is to tire people and persecute them so much that they give up,” said Ranganathan.