Madras High Court: N. Anand Venkatesh, J., while addressing an issue with respect to protection to the same-sex couple, expressed that:
“…I am also trying to break my own preconceived notions about this issue and I am in the process of evolving, and sincerely attempting to understand the feelings of the Petitioners…”
Pursuant to the earlier order passed by this Court on 22-03-2021, considering the sensitivity of the issue, the matter was directed to be posted in chambers.
Petitioner 1 aged 22 years completed B.Sc. Mathematics and was presently pursuing M.B.A. in correspondence mode. Petitioner 2 aged 20 years pursued B.A. Tamil through correspondence mode.
Both the petitioners have known each other for the last 2 years and both of them in unison stated that their friendship blossomed into love and clearly stated that they wanted to be partners.
The petitioners did not mince any words and there was so much clarity in what they wanted to convey.
Petitioner’s parents did not like the relationship between the petitioners, due to which pressure started mounting and hence the petitioners left for Chennai. They are looking for a job in order to financially sustain themselves.
High Court individually interacted with parents of the respective petitioners and noted that the parents were worried and concerned about the security of the petitioners that they should not get exploited. The parents were also eager to talk with their respective daughters.
Further, Bench requested the Mediation Centre to allot two cabins to enable the parents to have one-to-one interaction with their daughters.
Court referred the petitioners and their respective parents to a counsellor who specializes in working with LGBTQI + individuals and added that:
“This move becomes very vital since this Court is moving into unchartered waters, and a report from a specialist will provide support to this Court to move forward in this case.”
Bench expressed that:
“…I am also trying to break my own preconceived notions about this issue and I am in the process of evolving, and sincerely attempting to understand the feelings of the Petitioners and their parents thereafter, proceed to write a detailed Order on this issue. That is the reason why I am trying to develop this case brick by brick and ultimately, construct something purposeful on this issue.”
High Court informed the parties that the counselling will take place during the third week of April, 2021.
Court also requested Ms Vidya Dinakaran, M.Sc. Counselling Psychology, to counsel the parties and the request was readily accepted by the specialist.
Prima facie, Court got an impression that the parties will work towards a peaceful resolution, and what is required for the present was an understanding of the issue at hand. Petitioners even agreed to interact with their parents on a regular basis.
While concluding, the Government Advocate submitted that the police will not interfere in the present issue any longer, and that the complaints will be immediately closed.
Matter to be posted on 28-04-2021. [S. Sushma v. Director General of Police, 2021 SCC OnLine Mad 1290, decided on 29-03-2021]
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