Liberty To Live In Society As Per Their Own Style: Delhi High Court Allows Lesbian Couple To Live Together Despite Family's Objection
The Delhi High Court directed the family members and relatives of a 22-year-old lesbian not to threaten or put pressure on her or her partner, stating they were at liberty to live their lives according to their own style.
A Division Bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna held, “we find that Gulafsha is 22 years old adult and as per law, she cannot be forced to go to any place against her wishes.”
A 22-year-old survivor had expressed her desire in court not to live with her parents or any other relative and wished to live with the petitioner. The court, on August 22, 2023, had ordered her to be placed in the Shakti Shalini Shelter Home, an NGO focused on gender equality and survivors of gender/sexual violence, for a week. The court had also instructed the shelter home's director to counsel her, her parents, and maternal uncle and submit a status report.
Advocate Amritananda Chakravorty appeared for the Petitioner and Advocate Sanjay Lao appeared for the Respondents.
A status report was filed by the Coordinator and Counsellor of the Crisis Intervention and Counselling Centre at Shakti Shalini. It was mentioned that she made it clear during counseling that she does not want to return to her family due to their non-acceptance of her homosexuality. Her family believed she has been influenced by the petitioner.
The Court, after reviewing the status report, acknowledged that she was an adult of 22 years and cannot be forced to go against her wishes. It was held that she was free to live with whomever she chooses.
“The petitioner and survivor are at liberty to live their lives in the society as per their own style.”
The Court emphasized that no threats or undue pressure should be exerted by the family or associates on any of them. It also ensured that her belongings and documents would be handed over to her.
“We hereby make it clear that the parents, relatives and their associates shall not extend any threat in whatsoever manner directly or indirectly or undue pressure upon the petitioner as well as Gulafsha /survivor.”
Additionally, the Court directed the SHO to provide mobile numbers for assistance and allowed them to stay at a specific shelter home. The Court expressed concerns for their safety and ensured that contact information would be shared to address any changes in contact details.
The Court emphasized that all parties must comply with the court's orders, and any violations would result in appropriate actions. Finally, the Court disposed of the petition.
Cause Title: Neha v. Government of NCT of Delhi & Ors.
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