Same sex couple could very well form a family: Madras High Court
The Supreme Court might not have legalised same sex marriage, but such couples could very well form a family, the Madras High Court said recently.
The bench of Justices GR Swaminathan and V Lakshminarayan said that in the Supriya Chakraborty Vs Union of India case the Supreme Court might not have legalised same sex marriage, but such couples could very well form a family.
According to the Live Law, the bench was dealing with a habeas corpus petition filed by a woman stating that her lesbian lover's father had been detaining her against her will and thus approached the court to set the detenu at liberty.
The detenu informed the court that she was forcibly taken to her home, beaten, and forced to undergo certain rituals to make her "normal." She also informed the court that she wished to go with the petitioner.
Considering the detenu's wish, the court closed the plea and restrained the detenu's family from interfering with her personal liberty. The court also asked the police to extend adequate protection to the petitioner and the detenu as and when required.
The court observed that the concept of "family" has to be understood expansively and marriage is not the sole mode to start a family.
The bench also expressed discomfort in associating the word "queer" with homosexual persons. The court said that the sexual orientation of a homosexual person must be perfectly normal for him/her/them and wondered why it should be associated with the word "queer" which means "strange" or "odd."
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