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Madras High Court Orders Release of Lesbian Woman, Recognizes Same-Sex 'Chosen Family' Rights

The directive compels local police to safeguard the couple after judges condemned prior inaction.

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Madras High Court says same-sex couples can form family without marriage
Photo: IANS

Overview

  • On May 22, the court held that same-sex couples can form families without legal marriage, citing Supreme Court precedents and established 'chosen family' jurisprudence.
  • It ordered the release of a 25-year-old woman from her family's custody in Vellore after she confirmed being confined against her will.
  • The bench censured jurisdictional police for failing to act on multiple LGBTQIA+ community complaints and issued a continuing mandamus to ensure protection for the couple.
  • Justices expressed discomfort with the term 'queer', arguing it implies non-heterosexual orientations are 'strange or odd' and reaffirmed personal liberty under Article 21.
  • Justice G R Swaminathan donated ₹1,000 from his personal funds to cover the couple's conveyance expenses, underscoring judicial support for LGBTQIA+ rights.