Kerala HC Directs Parents & Sister Of 21-Year-Old To Undergo Counselling To Understand Concept Of Gender Identity

The Kerala High Court has directed the parents and sister of a 21-year-old to undergo counselling for the purpose of understanding the concept of gender identity and accept the same.

The Court was dealing with a writ petition seeking direction of the court to the respondent i.e., Station House Officer to produce the detenue without any further delay.

A Division Bench of Justice Anu Sivaraman and Justice C. Jayachandran ordered, “We therefore direct the Secretary, DLSA, Alappuzha to take appropriate steps to identify a proper person for interaction and counselling with petitioners for the specific purpose as stated above. The alleged detenue is permitted to return with the 4th respondent for the time being.”

Advocates G. Hariharan appeared for the petitioners while Public Prosecutor and Advocates Rebit Vincent Gralan, Vimal Vijay, and Dinesh G. Warrier appeared for the respondents.

The High Court in this case had interacted with the alleged detenue and the parents & sister of the alleged detenue as well as the office bearer of Sahayathrika (Community Organisation). The alleged detenue contended that there was no illegal detention and that the said organisation was only aiding the alleged detenue to find her proper gender identity.

“Having interacted with the petitioners and their children, we are of the opinion that the petitioners also require a counselling to accept the factum of the different gender identity, which the allged detenue seeks to express”, said the Court.

The Court, therefore, directed the petitioners and their elder daughter to appear before the Secretary, DLSA for further steps in that regard on September 20, 2023 at 11 a.m.

Accordingly, the Court listed the case on October 3, 2023.

Cause Title- Omanakuttan M.K. & Anr v. Station House Officer, Vanitha Police & Ors.

Click here to read/download the Order