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“This court cannot find that the ‘live-in relationship’ between the petitioner and the alleged detenue will in any manner offend any provisions of law or it will become a crime in any manner,” the Kerala HC had noted. The Delhi HC, however, came to the rescue and directed the police to offer the women the protection they were seeking.Īlso in October 2018, the Kerala High Court responded to a habeas corpus petition and said that a lesbian couple were entitled to live together. The women had disclosed their relationship emboldened by the 6 September 2018 SC verdict, but did not get the response they had desired from their families.
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Less than a month after the Navtej ruling, a young lesbian couple approached the Delhi High Court seeking protection since they perceived a threat to their lives from their parents. In most cases, this has been granted, although there have been some rare exceptions. The Navtej Johar judgment led to the filing of multiple petitions across India, with couples seeking police protection in cases of familial intolerance. How much society has marched ahead is debatable, but where the law once made criminals out of those in same-sex relationships, the courts can now offer succour. In a progressive and an ever-improving society, there is no place for retreat. While making the widely lauded 2018 ruling, then Chief Justice of India Dipak Mishra had noted: “There must not be any regression of rights. This judgment not only struck down a colonial-era law that criminalised homosexuality, but also disavowed a 2013 apex court ruling that had upheld Section 377 of the Indian Penal Code. There is still some way to go in guaranteeing rights and protections to same-sex couples, but the law in India took a giant leap on 6 September 2018 with the Supreme Court’s landmark decision in Navtej Johar. They exchanged rings, although there was no dotted line to sign to make the union ‘official’.īut while same-sex marriage is not legally recognised in India, there is no statutory or constitutional provision restricting it either.
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In December last year, a gay couple from Telangana enjoyed an intimate wedding ceremony. “The police will also hopefully think twice before going after a consenting couple, knowing that the courts are watching over their shoulders,” Kirpal added.Īlso Read: ‘She’s not always a woman to me’: Court cases on ‘gender-deception’ highlight true cost of stigma Court orders from across the country show a pattern of families opposing same-sex relationships, the young people seeking recourse in the law, and judges speaking up in favour of couples’ right to be together. Nassrin and Noora’s story is not an isolated one. Jayachandran conducted the proceedings in-camera, with only the women reportedly present in the courtroom.ĭuring the hearing, Noora expressed her desire to go with Nassrin, leading the court to conclude that there was “no reason to hold them back” given that both were consenting adults. On 31 May, a division bench of Justice K. In her petition, Nassrin had requested that Noora be produced before the High Court.
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Further, she suspected her “abducted” partner was being compelled to undergo illegal “conversion therapy” to change her sexual orientation. In an interview with the Kerala news outlet Onmanorama, Nassrin claimed that she had been assaulted by Noora’s parents. Nassrin’s family then took the women in for a few days, but then Noora’s relatives arrived and forcibly took her away. The couple stayed there “for some days”, the petition said, but “the police intervened” after their relatives traced them there. On 19 May, the women had sought refuge at the Vanaja Collective, an NGO in Kozhikode that works for LGBTIQ+ and other marginalised groups. The two Kerala women, who met as school students in Saudi Arabia, had been together for about four years and had recently decided to live together, to which their family members had allegedly responded with rage and threats.