The Supreme Court on Monday agreed to examine a plea by a same-sex couple challenging the Kerala High Court order directing one of them to attend counseling sessions with a psychiatrist.
Advocate Sriram P. mentioned the plea before a bench headed by Chief Justice of India D.Y. Chandrachud and sought an urgent hearing in the matter. The bench asked the counsel to keep the brief ready and it will hear the matter at the end of the board.
The plea said the petitioner and the detenu are female as per their gender orientation and they both wish to get married and be together.
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The plea challenged the Kerala High Court’s January 13, 2023 order, which directed the detenu to attend counseling sessions with a psychiatrist so far as her sexual orientation is concerned. The plea contended that 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 present Special Leave Petition is seeking to invoke the basic principle of Habeas Corpus and seeking the detenu to be produced before the court physically,” said the plea.
The plea contended that the detenu, through video conferencing, clearly told the high court that she is in love with the petitioner and the detenu wanted to come with the petitioner and live happily with her ever after.
The plea said: “The High Court erroneously sought the detenu to be sent for counseling. The counseling impugned herein is obviously counseling to change her sexual orientation. It is most respectfully submitted that this counseling is proscribed under the law and the High Courts of Madras, Uttarakhand, and Orissa have specifically and categorically followed the law laid down by this High Court prohibiting it.”
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