The Kerala High Court has taken up a Habeas Corpus plea filed by a woman who alleges that her lesbian partner has been forcibly separated from her by her partner's orthodox Muslim parents. The couple hails from families with strict religious beliefs, and their relationship caused their families to vehemently oppose their union.
The petitioner, represented by advocates Aneesh KR and Saurav B, has sought the court's intervention to reunite her with her partner. A division bench comprising of Justices PB Suresh Kumar and CS Sudha heard the matter on June 6 and directed the police to produce the petitioner's partner before the court on June 19, the next hearing date.
Upon discovering their relationship, both families raised objections and filed a complaint with the police when the couple eloped on January 27. However, a Judicial First Class Magistrate Court considered the case and allowed the couple to remain together. They subsequently moved to Ernakulam district, but as per the petitioner's plea, her partner was forcefully taken away by her parents on May 30 and is presently being unlawfully detained.
The petitioner further alleges that despite her multiple complaints, the police have failed to take any action. She fears that her partner's family may subject her to conversion therapy and force her to leave India if immediate steps are not taken to address the situation.
Highlighting the landmark Supreme Court judgment in Navtej Singh Johar & Ors. v Union of India, which decriminalized consensual homosexual relationships, the petitioner asserts that she and her partner have the right to live together as life partners.
It is worth noting that the petitioner has raised concerns regarding the inaction of the police, alleging political pressure as the reason behind it.
The case has garnered significant attention, as it sheds light on the challenges faced by individuals from conservative backgrounds in pursuing same-sex relationships. The court's involvement raises hopes for justice and protection of individual rights.
As the proceedings unfold, all eyes will be on the Kerala High Court to see how it addresses the plea and ensures the well-being and freedom of the detained partner.
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