Wednesday, October, 09,2024

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Delhi HC grants protection to Lesbian couple to live their lives in society

New Delhi: The Delhi High Court has allowed a lesbian couple to live their lives in society as per their own style and made 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 survivor.
The court further directed the SHO concerned to share the mobile number of the beat constable as well as W/SI to the petitioner or the survivor for any kind of assistance they may require and made it clear that if any of the parties violates the order passed by this Court, action will be taken against the erring party.
The direction of Delhi HC has come while hearing a plea of Habeas Corpus was filed by the partner of the woman.
The Bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna in an order passed on August 29, 2023, stated that we have separately interacted with Survivor, her father and the petitioner herein in the chamber. She stated that she wanted to stay with the petitioner, her friend.
We are of the considered opinion that the Gulafsha is at liberty to stay with whomsoever and wherever she wants, stated the bench.
The court on the last date of hearing noted that the survivor a 22-year-old girl had expressed that she did not want to accompany her parents or any other relative and wished to live with the petitioner.
The Court in order of August 22 had directed to send her to Shakti Shalini Shelter Home, a Non-Governmental organization, working on gender equality and survivors of gender and sexual violence, for a week.
The Court had also directed the Director, Shakti Shalini Shelter Home to counsel Gulafsha as well as her parents and maternal uncle.
After going through the status report filed by the NGO, it was mentioned that the father of the Survivor) and her maternal uncle during the counselling session stated before the counsellor that the survivor had been brainwashed by the petitioner.
However, her uncle shared that he tried reading about homosexuality but the family found it difficult to accept it. As per the status report, the survivor has told the counsellor that she does not want to go back to her family and would like to stay with her friend only, noted the court.
Upon hearing both sides and on perusal of the status report placed before this Court, we find that the Survivor is a 22-year-old adult and as per law, she cannot be forced to go to any place against her wishes, the court said.

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