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India Today
2 days ago
- Politics
- India Today
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 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 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 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 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.
NDTV
2 days ago
- Politics
- NDTV
"Same-Sex Couple Can Very Well Form A Family": Madras High Court
Chennai: Though the Supreme Court may not have legalised marriage between same sex couples, they can very well form a family, the Madras High Court has held and allowed a young woman to join her female partner and said the two women can constitute a family. A division bench of Justices G R Swaminathan and V Lakshminarayanan said the expression "family" has to be understood in an expanded sense. Hearing a writ petition seeking to produce before court a 25-year old woman and set her at liberty, the bench said: "To a specific question from us, the detenue (the 25-year old woman) replied that she is a lesbian and in relationship with the writ petitioner." "She made it clear to the court that she wanted to go with the petitioner. She confirmed the allegation that she is being detained against her will by her natal family. It appeared that she was forcibly taken to her home and beaten. She told us that her natal family members forced her to undergo certain rituals so that she will become "normal". She even apprehended danger to her life. In the affidavit filed in support of the writ petition, the petitioner has nowhere described the true nature of her relationship with the detenue. Even in her complaint to the police, the petitioner called herself as the detenue's close friend. We can understand the hesitation on her part," the court said. Further, the court said: "While Supriyo @ Supriya Chakraborty Vs Union of India (Supreme Court) may not have legalised marriage between same sex couples, they can very well form a family. Marriage is not the sole mode to found a family." The concept of "chosen family" is now well settled and acknowledged in LGBTQIA jurisprudence, the court said, adding the petitioner and the detenue can very well constitute a family. Justice Anand Venkatesh, Judge of Madras HC, in Prasanna J Vs S Sushma approved a "Deed of familial Association" that purported to recognise the civil union entered into between LGBTQAI partners. The Supreme Court, in NALSA and Navtej Johar case, declared that sexual orientation is a matter of individual choice and that it is one of the most basic aspects of self-determination, dignity and freedom. It is an integral part of personal autonomy and self-expression and falls within the realm of personal liberty guaranteed under Article 21 of the Constitution. The High Court, in its judgment dated May 22, 2025 said: "Since we have satisfied ourselves that the detenue wants to join the petitioner and that she is being detained against her will, we allow this Habeas Corpus petition and set her at liberty. We also restrain the detenue's natal family members from interfering with her personal liberty." Also, the court directed the police to provide protection to the detenue as well as the petitioner as and when required. (Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
Time of India
2 days ago
- Politics
- Time of India
Same sex couples can constitute a family: Madras High Court
Though the Supreme Court may not have legalised marriage between same sex couples , they can very well form a family, the Madras High Court has held and allowed a young woman to join her female partner and said the two women can constitute a family. A division bench of Justices G R Swaminathan and V Lakshminarayanan said the expression "family" has to be understood in an expanded sense. Hearing a writ petition seeking to produce before court a 25-year old woman and set her at liberty, the bench said: "To a specific question from us, the detenue (the 25-year old woman) replied that she is a lesbian and in relationship with the writ petitioner." She made it clear to the court that she wanted to go with the petitioner. She confirmed the allegation that she is being detained against her will by her natal family. "It appeared that she was forcibly taken to her home and beaten. She told us that her natal family members forced her to undergo certain rituals so that she will become "normal". She even apprehended danger to her life." In the affidavit filed in support of the writ petition, the petitioner has nowhere described the true nature of her relationship with the detenue." Even in her complaint to the police, the petitioner called herself as the detenue's close friend. We can understand the hesitation on her part." Live Events Further, the court said: "While Supriyo @ Supriya Chakraborty Vs Union of India (Supreme Court) may not have legalised marriage between same sex couples, they can very well form a family. Marriage is not the sole mode to found a family." The concept of "chosen family" is now well settled and acknowledged in LGBTQIA+ jurisprudence, the court said adding the petitioner and the detenue can very well constitute a family. Justice Anand Venkatesh, Judge of Madras HC, in Prasanna J Vs S Sushma approved a "Deed of familial Association" that purported to recognise the civil union entered into between LGBTQAI+ partners. The Supreme Court, in NALSA and Navtej Johar case, declared that sexual orientation is a matter of individual choice and that it is one of the most basic aspects of self-determination, dignity and freedom. It is an integral part of personal autonomy and self-expression and falls within the realm of personal liberty guaranteed under Article 21 of the Constitution. The High Court, in its judgment dated May 22, 2025 said: "Since we have satisfied ourselves that the detenue wants to join the petitioner and that she is being detained against her will, we allow this Habeas Corpus petition and set her at liberty. We also restrain the detenue's natal family members from interfering with her personal liberty." Also, the court directed the police to provide protection to the detenue as well as the petitioner as and when required. Economic Times WhatsApp channel )
Scroll.in
2 days ago
- Politics
- Scroll.in
Same-sex couples can form families, says Madras High Court
The Madras High Court held that while the Supreme Court had not legalised same-sex marriage, queer couples can 'very well form a family'. In a May 22 order, the bench of Justices GR Swaminiathan and V Lakshminarayanan noted that: 'The expression 'family' has to be understood in an expanded sense.' 'Marriage is not the sole mode to found a family,' the High Court said. 'The concept of 'chosen family' is now well settled and acknowledged in LGBTQIA+ jurisprudence. The petitioner and the detenue can very well constitute a family.' Delivering its verdict on petitions seeking legal recognition for same-sex marriages, a five-judge Constitution bench had ruled in October 2023 that the issue must be decided by Parliament and that there was no fundamental right to marriage. In January, the Supreme Court dismissed review petitions against its October 2023 judgement. The observations by the High Court came while it restrained a lesbian woman's family from interfering in her personal life and unlawfully detaining her. The court was hearing a habeas corpus petition filed by the partner of a 25-year-old detenue, after the couple was separated. The couple was separated when the detenue was allegedly forcibly restrained by her family. The petitioner had moved the High Court after she alleged that the police refused to help the couple. In court, the detenue's mother accused the petitioner of leading her daughter astray and alleged that her child was now a drug addict. The mother thus claimed that her daughter required counselling and rehabilitation. The court rejected the contention. 'It would be unfair to accuse her [detenue] of any kind of addiction,' the court said. 'She made it clear that she wants to go with the petitioner. She confirmed the allegation that she is being detained against her will by her natal family. It appeared that she was forcibly taken to her home and beaten.' The court also noted that it was told that the detenue's 'natal family members forced her to undergo certain rituals so that she will become normal'. The bench criticised the police for their 'rank inaction' and 'insensitivity' despite receiving a complaint from the petitioner.
New Indian Express
24-05-2025
- Business
- New Indian Express
Dalit business champ scheme: Orders on plea seeking CBI probe reserved
CHENNAI: The Madras HC's vacation bench of justices GR Swaminathan and V Lakshminarayanan on Friday reserved orders on a PIL petition filed by YouTuber 'Savukku' Shankar seeking a CBI probe into the alleged irregularities in implementation of Annal Ambedkar Business Champion Scheme aimed at making SC/ST conservancy workers into entrepreneurs. During the hearing, Additional AAG J Ravindran, representing the Chennai Metro Water Supply and Sewerage Board, submitted that 213 eligible persons were selected adhering to eligibility criteria. Questioning the maintainability of the plea and taking it up as urgent matter during vacation, he raised doubts about the bona fide intent behind filing the petition. He said it was filed out of political animosity as the petitioner himself had stated that the petition was a retaliatory measure to the vandalisation of his house. The bench said it wouldn't see who is the petitioner but only the contents of the plea. It questioned why a group management company was not established as per the requirement of the scheme. Representative of Gen Green Logistics, one of the parties impleaded, submitted that each member belonging to SC will be made a shareholder. Subsequently, the bench reserved the orders.
