In light of evolving societal norms and the imperative to safeguard the rights and dignity of LGBTQ+ individuals and inter-faith/inter-caste couples, the Supreme Court has given guidelines for the handling of habeas corpus petitions and petitions for police protection.
Background:
Recent instances in the Kerala High Court, where counselling was ordered for LGBTQ+ individuals, raised concerns regarding potential infringements on personal autonomy and sexual orientation.
Key Observations:
Chief JusticeIn light of evolving societal norms and the imperative to safeguard the rights and dignity of LGBTQ+ underscored the significance of upholding constitutional values and avoiding attempts to alter individuals' sexual orientation through counselling.
Legal Representation:
Advocate M.S. Vishnu Sankar represented the appellant, while Advocate Anu K Joy represented the respondents.
Case Example:
A woman filed a petition alleging that her partner was being unlawfully detained by her parents. Subsequent investigations revealed that the partner was staying with her parents voluntarily.
Guidelines Issued:
Priority to Petitions: Give precedence to petitions filed by partners, friends, or family members of the detained individual.
Proceedings in Camera: Ensure proceedings are conducted in camera to safeguard privacy and safety for all parties involved.
Non-Influence of Wishes: Refrain from influencing the detained individual's wishes, especially concerning sexual orientation or gender identity.
Immediate Release: Promptly release the detained individual upon expressing a desire not to return to their alleged detainer.
Restriction on Counselling: Prohibit courts from mandating counselling or parental care, focusing solely on understanding the individual's wishes.
Neutrality and Respect: Maintain neutrality and respect for LGBTQ+ identities throughout legal proceedings.
Conclusion:
These Guidelines are issued by the Supreme Court and are a testament to its commitment to fairness and justice in cases of habeas corpus and police protection. They underscore the importance of protecting the basic rights and dignity of all individuals, especially those within the LGBTQ+ community and inter-faith/inter-caste couples who often encounter societal bias and prejudice.
These directives serve as strong safeguards against unjust detention, guaranteeing fairness and safeguarding the rights of every person, regardless of their sexual orientation, gender identity, or social standing. C to these guidelines to cultivate a legal system that is truly fair and inclusive for all.
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