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Supreme Court of India 2024-03-11 disposed

Devu G Nair vs The State of Kerala & Ors

Bench: 3 — Dhananjaya Y Chandrachud, J B Pardiwala, Manoj Misra

In Brief

A woman filed a habeas corpus petition after her intimate female partner alleged she was unlawfully detained by her parents. The Supreme Court appointed a senior judicial officer to independently ascertain the woman's wishes in a confidential setting. She confirmed she was voluntarily living with her parents, was pursuing a career, and had no desire to marry or cohabit with anyone at present. The Court dismissed the petition but issued comprehensive mandatory guidelines for all courts handling such cases. These guidelines protect the dignity and privacy of LGBTQ+ individuals by prohibiting courts from using counselling to alter sexual orientation, ensuring victims are heard in safe environments free from family presence, granting interim police protection to vulnerable couples, and requiring judges to reject moral judgments based on sexual identity or orientation.

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Habeas Corpus LGBTQ+ Rights Gender and Sexual Orientation Civil Rights Family Law Constitutional Law Judicial Guidelines Privacy Rights Fundamental Rights

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