Fundamental Rights

Lesbian couple seeks protection from parents; Madras HC judge says “unchartered waters”, needs to break own preconceived notions on issue before writing purposeful order

The Leaflet

"I am also trying to break my own preconceived notions about this issue and am in the process of evolving, and sincerely attempting to understand the feelings of the petitioners and their parents; thereafter, I will proceed to write a detailed order on this issue", said Justice N.Anand Venkatesh while hearing a petition filed by two lesbian girls seeking protection from their parents who are opposed to their same-sex relationship.

Justice Venkatesh added for this reason he is trying to develop this case brick by brick and ultimately, construct something purposeful on this issue.

Justice Venkatesh referred the petitioners and their respective parents to a counsellor who specialises in working with LGBTQI+ individuals. He asked Vidya Dinakaran, M.Sc. Counselling Psychology, to send a report to the court in a sealed cover preferably on or before 26.04.2021.

This move, Justice Venkatesh said, became very vital since the court was moving into "unchartered waters", and a report from a specialist would provide support to the court to move forward in this case.

The petitioners and their parents accepted the request of the court for counselling, which would take place during the third week of April 2021.

The court also interacted with the petitioners in-camera, who submitted that they had known each other for the last two years and both of them in unison stated that their friendship blossomed into love and they were very clear that they would be partners for life. "The petitioners did not mince any words and there was so much of clarity in what they wanted to convey."

It also directed the closure of the missing persons complaint lodged by the parents.

For the time being, the court ordered, that the petitioners would continue to be under the protection of the NGO, International Foundation for Crime Prevention and Victim Care ("PCVC").

It permitted the parents to have regular interaction with their children, who also did not oppose their request.

Read the Order

http://theleaflet.in/wp-content/uploads/2021/03/downloaded-1.pdf