The Supreme Court on Monday issued notice in a plea filed by a woman in a same-sex relationship alleging that her partner has been illegally detained by her parents [Devu G v State of Kereala].

The petitioner has also challenged an order of the Kerala High Court directing her detained partner to attend counselling.

A Bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala also ordered a stay on further proceedings in the case before the High Court.

" ... we direct the fourth and fifth respondents [the parents], by way of an ad interim order, to produce the detenu before the Family Court at Kollam by 5 pm on 8 February 2023. The Principal Judge of the Family Court shall arrange for an interview of the detenu with Ms Saleena V G Nair, a Member of the E-Committee of the Supreme Court, who is a senior judicial officer from the State of Kerala. The interview shall be arranged in consultation with the Principal Judge of the Family Court. 6 The officer shall after interacting with the detenu submit a report after ascertaining her wishes and on whether she is voluntarily residing with her parents or is kept under illegal detention", the top court stated.

The Family Court and E-commitee member are to ensure that the statement of the girl is recorded 'in a fair and free manner without any coercion or duress from the parents'.

As per the plea, the petitioner and alleged detenu are a lesbian couple who wish to be together and marry. 

The petition filed through advocates Sriram Parakkat and MS Vishnu Shankar has sought the production of the detenu before the Court, and has also challenged the gender sensitisation counselling ordered by the High Court.

He submitted that the detenu secretly communicated to the petitioner that she is being continuously harassed, both physically and mentally.

The petitioner initially approached the High Court by way of a Habeas Corpus petition alleging that her partner was illegally detained by her parents.

The High Court, instead of granting relief, ordered that the detenu attend a counselling session allegedly to change her sexual orientation. This prompted the petitioner to move the apex court.

“The counselling impugned herein is obviously counselling to change her sexual orientation. It is most respectfully submitted that this counselling is proscribed under law and the Hon’ble High Courts of Madras, Uttarakhand and Orissa have specifically and categorically following the law laid down by this Hon’ble High Court prohibited it,” the plea said.

Further, it stated that while a judicial officer visited the detenu’s home on the High Court’s order to ascertain the situation, the detenu would not be in her free mind and free will within a home where she is illegally detained. 

Additionally, during this visit, the judicial officer was specifically informed by the detenu that she was in a romantic relationship with the petitioner.

The plea goes on to state that after the report of the judicial officer, the detenu wrote to the petitioner asking for her to presented before open court. 

“The petitioner in this interlocutory application, annexed the whatsapp chats from the detenu after the time of the report of the Learned Judicial Officer specifically asking “would you please take me to open Court”. She also annexed text messages which said, “I am tired”, “please do not trust anyone”, “kindly do not reply”.”

The petitioner submitted that despite a plea for physical appearance before the High Court, the detenu was presented through video conferencing, and clearly told the High Court that she is in love with the petitioner. 

"With no avail, the petitioner requested the Hon’ble High Court to allow the detenu to give statement through video conferencing even though the petitioner had a case that the detenu had to be produced physically in order for her to have the courage to make truthful statements."

Apart from a prayer to be call for the detenu's physical prescence before the Court, the petitioner also sought for examination of the question as to whether gender orientation counselling is legal or not. 

[Read our live-coverage of the mentioning here]

[Read order]