The Supreme Court on Monday issued a notice to respondents on a petition filed by a girl in a same-sex relationship challenging the Kerala High Court order directing her partner to attend counselling sessions.
The supreme court stayed further proceedings in the Kerala High Court till the next date of hearing.
Earlier, the same-sex couple moved the Supreme Court challenging the Kerala High Court order directing one of them to attend counselling sessions with a psychiatrist.
A bench headed by Chief Justice of India DY Chandrachud asked the petitioner’s lawyer to keep the brief ready and said it will hear the matter at the end of the board.
Petitioner’s counsel Advocate Sriram P mentioned the plea before the Supreme Court seeking an urgent hearing.
The Petitioner challenged Kerala High Court’s January 13, 2023 order whereby the High Court directed one of them to attend counselling sessions with a psychiatrist as far as her sexual orientation is concerned.
In the petition, the same-sex couple said they are female as per their gender orientation and both wish to get married and be together. But the parents of the detenu have kept the detenu in illegal custody against her will so as to impede the marriage between the petitioner and the detenu, the plea stated.
It further said the petitioner is, in letter and spirit, challenging the interim orders dated January 24, 2023 and February 2, 2023 all of which denied the petitioner her fundamental rights. These orders have denied the detenu safety and liberty for a long period from January 9, 2023 to the present day, the plea said.
“The present Special Leave Petition carries a substantial question of law among many others. Whether the High Court ought to have allowed the detenu the right to be heard physically in the safety and security of the building of the High Court,” the petition said, adding that the plea also raised the question of law as to whether “gender orientation counselling” is legal or not.
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