Madras High Court says same-sex couples can form family without marriage
The Madras High Court held that same-sex couples can indeed form a family, even though same-sex marriages are yet to be legally recognised in India.The court made this observation while allowing a habeas corpus petition filed by a woman seeking the release of her 25-year-old partner, who had been forcibly detained by her birth family.A division bench of Justices GR Swaminathan and V Lakshminarayanan ruled in favour of the couple, asserting that 'marriage is not the sole mode to found a family.'advertisement
'To a specific question from us, the detenue replied that she is a lesbian and in a relationship with the writ petitioner,' the court noted. The woman stated she had been beaten and subjected to rituals aimed at making her 'normal.' She expressed fear for her life and told the court she wished to be with the petitioner.While the petitioner had described herself merely as a 'close friend' in her police complaint, the court said it understood the hesitation, acknowledging that same-sex relationships still face societal stigma.The bench cited the Supreme Court's rulings in NALSA and Navtej Johar, affirming that sexual orientation is a matter of personal autonomy and dignity protected under Article 21 of the Constitution. The court also referenced a previous ruling by Justice Anand Venkatesh in Prasanna J vs. S Sushma, where a 'Deed of Familial Association' between LGBTQIA+ partners was approved, recognising civil unions.advertisement'The concept of a 'chosen family' is now well settled and acknowledged in LGBTQIA+ jurisprudence,' the bench observed. 'The petitioner and the detenue can very well constitute a family.'The court ordered the immediate release of the woman, restrained her birth family from interfering in her personal liberty, and directed the police to provide protection to both women as and when required.
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