Madras High Court affirms LGBTQIA+ rights amid same-sex marriage rulings
The Madras High Court affirmed that LGBTQIA+ individuals can form families through alternative means, recognizing "chosen families." This ruling came as the court ordered the release of a lesbian woman forcibly separated from her partner, criticizing the police's insensitive handling of the case and emphasizing the right to choose one's path.
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The Madras High Court has ruled that while the Supreme Court has not legalized same-sex marriage , individuals within the LGBTQIA+ community can still form families through alternative means. The court emphasized that 'marriage is not the sole mode to find a family' and recognized the concept of a 'chosen family' as established within LGBTQIA+ jurisprudence.A division bench comprising Justices G R Swaminathan and V Lakshminarayanan made these observations on May 22 while ordering the release of a 25-year-old lesbian woman who had been forcibly separated from her partner and subjected to harassment by her family.The judges noted that not all parents are accepting, contrasting the detenue's mother unfavorably with Justice Leila Seth, who had publicly acknowledged and accepted her son's sexual orientation. 'The mother of the detenue is no Leila Seth. We understand her desire for her daughter to live a conventional heterosexual life, marry, and settle down. However, as an adult, the detenue is entitled to choose her own path,' the bench stated.The court also expressed discomfort with the term 'queer,' highlighting its dictionary definitions as 'strange' or 'odd' and questioned its appropriateness. 'For a homosexual individual, their sexual orientation is natural and normal. There is nothing strange about such inclinations. Why then should they be labeled queer?' the judges asked.The court criticized the local police for their insensitive handling of the case, particularly for compelling the detenue to return to her parents despite her wishes. The bench censured the police's 'rank inaction' and insensitivity, underscoring that government officials, especially police, have a duty to respond promptly and appropriately to complaints from LGBTQIA+ individuals.To safeguard the detenue's rights, the court restrained her family members from interfering with her personal liberty and issued a writ of continuing mandamus directing the jurisdictional police to provide adequate protection to both the detenue and her partner, who had filed the habeas corpus petition.(With inputs from TOI)
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