SC stays Kerala HC order for counselling of woman in same-sex relationship

The Supreme Court on Monday stayed the Kerala High Court's order directing one of the woman partners in a same-sex relationship in the state, to attend counselling sessions.

A three-judge bench presided over by Chief Justice D Y Chandrachud and also comprising Justices P S Narasimha and J B Pardiwala, ordered a stay on further proceedings in the matter before the Kerala High Court till the next date of listing.

The court ordered a fresh interaction of the 23-year-old woman with a lady judicial officer at Kollam, after which it would issue further orders.

The court also issued notice to the concerned respondents, including the Kerala government, on the plea filed by a girl in a same-sex relationship who claimed that her partner has been detained by her parents.

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The petition filed through advocate Sriram P contended that the couple are female as per their gender orientation and they both wish to get married and be together. But the parents of one of the girls have kept the detenu in illegal custody against her will so as to impede the marriage between the petitioner and the detenu, it claimed.

The court also directed the parents of the detenu to present the detenu before the family court at Kollam.

The court directed to arrange for an interview of the detenu with the Supreme Court E-Committee. The officer of this court has been directed to submit a report on whether she is being kept in illegal detention, the court said and directed that the statements shall be recorded in a fair manner, without any correction.

"Report to be submitted in a sealed cover. There shall be a stay of further proceedings before the High Court till the next date of listing," the court said.

The petitioner has challenged Kerala High Court's January 13 2023, order, directing one of the couples, to attend counselling sessions with a psychiatrist so far as her sexual orientation is concerned.

The petitioner sought to invoke the Habeas Corpus writ, seeking a direction to produce the detenu before the court physically.

The petitioner claimed the detenu was present through video conferencing before Kerala High Court whereby she clearly told the High Court that she is in love with the petitioner and the detenu wanted to come with the petitioner and live happily with her ever after.

The plea further claimed the counselling was proscribed under the law and as per orders of Madras, Uttarakhand and Orissa High Courts.