Kerala HC advises counselling; same-sex couple approaches SC
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New Delhi: After the Kerala High Court advised one partner of a same-sex couple to attend counselling sessions with a psychiatrist, the couple has moved Supreme Court. The apex agreed to hear their matter on Monday, Asian News International reported.
A Chief Justice of India headed bench asked the couple's lawyer to keep the brief ready, and it will hear the matter at the end of the board. This was after their council requested an urgent hearing.
On January 13, 2023, the Kerala High Court advised one of the partners to attend counselling on her sex sexual orientation.
In their petition, the couple said that they are female and both wish to get married to each other and be together. But one of partner's parents has detained her in illegal custody, which is against her will, so as to stop their marriage.
Their advocate sought to invoke Habeas Corpus, and the detenu was produced before the Kerala High Court through video conferencing. There the detenu submitted before the court that she was in love with her partner and wanted to live with her.
That is when the HC advised the detenu to be sent for counselling.
The petitioner said that Kerala HC erroneously made the advice.
ANI quoted the couple's submission, "The counselling impugned herein is obviously counselling to change her sexual orientation. It is most respectfully submitted that this counselling is proscribed under the law, and the High Courts of Madras, Uttarakhand, and Odisha have specifically and categorically followed the law laid down by this High Court prohibited it."