Daijiworld Media Network - Chennai
Chennai, Jun 5: In a landmark ruling, the Madras High Court affirmed that same-sex couples can constitute a family even if marriage is not legally recognized between them. The court emphasized that the concept of family should be interpreted broadly, reflecting evolving understandings of LGBTQIA+ rights.
A division bench of Justices G.R. Swaminathan and V. Lakshminarayanan was hearing a habeas corpus petition filed by a young woman seeking the release of her partner, a 25-year-old woman allegedly held against her will by her natal family.
“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 detenue also reported that she was forcibly taken to her home, beaten, and forced to undergo rituals intended to “normalize” her sexuality. She expressed fear for her life.
While acknowledging the petitioner’s reluctance to explicitly describe the relationship as romantic, the court observed: “We can understand the hesitation on her part.”
Referring to the Supreme Court’s decision in Supriyo @ Supriya Chakraborty v. Union of India, which declined to legalize same-sex marriage, the bench pointed out that marriage is not the only way to form a family. “The concept of ‘chosen family’ is now well settled and acknowledged in LGBTQIA+ jurisprudence,” the court said.
The judgment also cited Prasanna J v. S. Sushma, where Justice Anand Venkatesh of the Madras High Court approved a “Deed of Familial Association,” recognizing civil unions between LGBTQIA+ partners.
Highlighting constitutional protections, the court invoked the Supreme Court’s decisions in NALSA v. Union of India and Navtej Singh Johar v. Union of India, which held that sexual orientation is a fundamental aspect of personal liberty under Article 21 of the Constitution.
Concluding that the detenue was being detained against her will, the court ordered her immediate release. “We allow this habeas corpus petition and set her at liberty,” the bench declared. The court also barred the detenue’s family from interfering with her personal liberty and directed the police to provide protection to the couple whenever needed.
This judgment marks a significant step in recognizing the rights of same-sex couples in India to live freely and form families without interference, even in the absence of marriage equality.