Madras High Court upholds LGBTQIA+ family rights, affirms dignity and liberty beyond same-sex marriage.
Gist in NewsSame-sex marriage not legal but families valid says Madras High Court in habeas corpus plea by lesbian couple. |
Case Overview
Case Name : MA v. Superintendent of Police, Vellore & Ors – decided by Justice GR Swaminathan and Justice V Lakshminarayanan
In a landmark judgment, the Madras High Court held that while same-sex marriage is not legally recognized in India, LGBTQIA+ couples can still form valid family structures . The Court ruled on a habeas corpus petition filed by a lesbian woman whose partner had been forcibly taken and detained by her family . The Bench criticised police inaction and societal conservatism, reinforcing that constitutional values must protect personal autonomy . The judges referred to Supreme Court precedents and observed that family goes beyond marriage in the LGBTQIA+ context .
Key Aspects
Before outlining legal provisions, the Court evaluated key facts :
- The detenue was subjected to involuntary confinement and abuse by her family .
- The police failed to assist and instead supported the family’s actions .
- The petitioner was forced to seek judicial intervention through habeas corpus .
- The Court challenged the derogatory use of the term “queer.”
- It reaffirmed the constitutional right of LGBTQIA+ persons to choose their partners and form families .
Legal Insights
The legal insights applied in this case are provided as under –
- Article 21 of the Constitution : Guarantees protection of personal liberty, dignity, and autonomy .
- Article 19(1)(a) : Ensures freedom of expression, including expressing one’s sexual orientation .
- Navtej Singh Johar vs. Union of India, (2018) 1 SCC 791 : Decriminalised homosexuality by reading down Section 377 IPC .
- Supriyo @ Supriya Chakraborty vs. Union of India, (2023 INSC 920) : Rejected fundamental right to marry but acknowledged other family structures .
- Writ of Habeas Corpus (under Article 226) : Issued to ensure the detenue’s release and protection .
- Continuing Mandamus : Ordered to enforce ongoing police protection for the couple .
Court’s Verdict:
The Madras High Court, led by Justice GR Swaminathan, ruled in favour of the petitioner and allowed the detenue to live with her lesbian partner . While same-sex marriage remains unrecognised the judgment emphasized the validity of alternative family forms for LGBTQIA+ individuals . The Court condemned the police’s insensitivity and directed authorities to ensure protection under constitutional mandates reinforcing India’s commitment to dignity and liberty for all .
Source – Madras High Court
Read also – Article 21 of Indian Constitution
