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In the High Court of Judicature at Madras Dated

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In the High Court of Judicature at Madras Dated 1 W.P.No.7284 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.06.2021 CORAM THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.7284 of 2021 1.Ms. S. SUSHMA, F/A 22 years D/o. Mr. V. Senthil Kumar G-11, Gaiety Palace No. 1, Blackers Road Chennai 600002. 2. Ms. U. SEEMA AGARVAL, F/A 20 years D/o. Mr. R. Udhayakumar G-11, Gaiety Palace No. 1, Blackers Road Chennai 600002. ..Petitioners Vs. 1. Commissioner of Police, Greater Chennai Police No. 132, Commissioner Office Building E.V.K. Sampath Road, Vepery Chennai 600007. 2. Commissioner of Police, Madurai Alagar Kovil Road Madurai 625002. 3. Mr. V.Senthil Kumar 1/104 2 W.P.No.7284 of 2021 4. Mr. R.Udhaya Kumar 5. Inspector of Police, Thallakulam Police Station, Madurai. 6. Inspector of Police, Avaniyapuram Police Station, Madurai 7. Home Department, Government of Tamil Nadu, Represented by Secretary to Government, Fort St. George, Chennai 600 009, Tamil Nadu, India. 8. Tamil Nadu State Legal Services Authority, Represented by its Member Secretary, North Fort Road, High Court Campus, Chennai - 600 104. 9. Ministry of Law, Government of Tamil Nadu, Represented by Secretary to Government, Fort St. George, Chennai 600 009, Tamil Nadu, India. 10.Ministry of Social Justice and Empowerment, represented by Secretary Government of India, Shastri Bhavan, Dr. Rajendraprasad Road, New Delhi-110 001. 11.The Director, Social Justice and Empowerment, 2/104 3 W.P.No.7284 of 2021 Shastri Bhavan, Dr. Rajendra prasad Road, New Delhi 110 001 12.National Medical Commission, Represented by its Chairman, Dwaraka, New Delhi-110077. 13.Indian Psychiatric Society, Represented by its Plot 43, Sector 55,Gurugram, Haryana, India, Pin: 122003. 14. Rehabilitation Council of India, Represented by its Member Secretary, B-22, Qutub Institutional Area, New Delhi - 110 016. 15. Department Of Higher Education, Government of India, Represented by its Joint Secretary, 122-C, Shastri Bhawan, New Delhi – 110001. 16. Department Of School Education & Literacy, Represented by its Joint Secretary, 217-C, Shastri Bhawan, New Delhi – 110001. 17.School Education Department, Government of Tamil Nadu, 3/104 4 W.P.No.7284 of 2021 Represented by Secretary to Government, Fort St. George, Chennai 600 009, Tamil Nadu, India. 18. Higher Education Department, Government of Tamil Nadu, Represented by Secretary to Government, Fort St. George, Chennai 600 009, Tamil Nadu, India. 19. The University Grants Commission (UGC), Represented By Its Secretary, Bahadur Shah Zafar Marg, New Delhi-110. 20. All India Council for Technical Education, Represented by its Advisor-1 (Approval) 7th Floor, Chandralok Building, Janpath, New Delhi - 110 00. 21. The National Council of Educational Research and Training (NCERT), Represented by its Director, Sri Aurbindo Marg, New Delhi 22. Secretary To Government, Union Of India, Ministry Of Health And Family Welfare, Nirman Bhavan, Near Udyog Bhavan Metro Station, 4/104 5 W.P.No.7284 of 2021 Mouland Azad Road, New Delhi-110001. 23. Ministry of Women and Child Development, Represented by its Secretary, Government of India. ..Respondents [The following Departments/Institutions are also Suo Motu added as respondents 7 to 23 in this writ petition on 07.06.2021 since the guidelines given by this Court needs to be followed/implemented by the impleaded respondents.] PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, Directing Respondent Nos. 1 to 3 to inquire with the parents of the Petitioners and instruct them not to interfere with the life of the Petitioners and consequentially, to grant the necessary Police Protection to the Petitioners. For Petitioner : Mr.S.Manuraj For Respondents 1,2,5 & 6 : Mr.Hasan Mohammed Jinnah State Public Prosecutor For Respondent No.3 : Mr.Mithelesh For Respondent No.4 : Mr.P.Thilak Kumar For Respondent Nos.7,8,9,17&18 : Mr.Shanmugasundaram Advocate General Assisted by Ms.Shabnam Banu Government Counsel 5/104 6 W.P.No.7284 of 2021 For Respondent Nos.10 to 16,19,20,21, 22 &23 : Mr.Shankaranayanan Additional Solicitor General Assisted by Mr.V.Chandrasekar Central Government Standing Counsel O R D E R “There are many branches on the tree of life. There is no one way to be, and there is room for everyone to be who they are.” 1. This Writ Petition has brought to light an important issue requiring de-stigmatisation and acceptance in the eyes of the society. This Court has, therefore, consciously refrained from adopting the usual course of disposing cases of this nature that knocks the doors of this institution. 2. The crux of the case is as follows. The Petitioners, a lesbian couple whose relationship was being opposed by their parents who are the 4th and 5th Respondents fled to Chennai from their respective houses in Madurai. The said Petitioners, with the support extended by certain NGOs and persons belonging to the LGBTQIA+ community managed to secure accommodation and protection, and were in search of employment 6/104 7 W.P.No.7284 of 2021 to financially sustain themselves. Meanwhile,the 4th and 5th Respondents individually filed girl-missing-complaints before the 6th and 7th Respondent Police and two FIRs came to be registered. Having faced interrogation by the police at their residential premises, and apprehending threat to their safety and security, the Petitioners approached this Court seeking a direction to the police not to cause harassment and protection from any form of threat or danger to their safety and security from the 4th and 5th Respondents. 3. This Court, felt that the case required attention in detail and therefore, passed the following Order on 22.03.2021: “5. The learned Government Advocate who took notice on behalf of the Respondent Police submitted that the Respondent Police will be instructed in this regard and the safety of the petitioners will be ensured. 6. The case in hand requires to be dealt with more sensitivity and empathy and it is a sample case of how the society even now is grappling to come to terms with same-sex orientation. Considering the 7/104 8 W.P.No.7284 of 2021 sensitiveness of the issue involved, this Court wants to hear the parties in camera. Post this case on 29.03.2021 at 2:15 p.m. in His Lordship’s Chamber.” 4. On 29.03.2021, the Petitioners, the 4th and 5th Respondents and the 6th and 7th Respondent Police were present in-person before this Court with their representing counsel. The proceedings of the chamber hearing and the Order passed thereof is extracted herein under: “3.This Court thought it fit to talk to the Petitioners and their parents in order to assess their mental status and to understand their stand, before proceeding further with the case. 4.The 1st Petitioner, is aged about 22 years and she has completed B.Sc. Mathematics and is presently pursuing M.B.A. in correspondence mode in Madurai Kamaraj University. The 2nd Petitioner, is aged about 20 years and she is pursuing B.A. Tamil through correspondence mode in Madurai Kamaraj University. The Petitioners know each other for the last 2 years and both of them in unison stated that their friendship blossomed into love and they were very clear that both of them will be a partner to each 8/104 9 W.P.No.7284 of 2021 other for life. The Petitioners did not mince any words and there was so much of clarity in what they wanted to convey. 5.The parents of the respective Petitioners, came to know about the relationship between the Petitioners, and it was not to their liking. There was opposition and the pressure started mounting, and hence, the Petitioners left Madurai on 09.02.2021, to Chennai. The Petitioners are presently supported by an NGO namely, International Foundation for Crime Prevention and Victim Care (“PCVC”). The Petitioners are searching for a job in order to financially sustain themselves. 6.This Court individually interacted with the parents of the respective Petitioners. The parents of the respective Petitioners obviously are shocked, and they are not able to immediately accept the relationship between the Petitioners. They were more concerned about the security of the Petitioners and were worried that the Petitioners should not get exploited. They were more eager to talk with their respective daughters, since they have not heard from them for more than a month. 7. This Court immediately requested the Mediation Centre to allot two cabins to enable the parents to have a one-to-one interaction with their daughters. They spent nearly an hour with their 9/104 10 W.P.No.7284 of 2021 respective daughters in the Mediation Centre. 8. This Court thought it fit to refer the Petitioners and their respective parents to a counsellor who specialises in working with LGBTQI+ individuals. This move becomes very vital since this Court is moving into unchartered waters, and a report from a specialist will provide support to this Court to move forward in this case. 9. I personally spent some time in doing some research and collecting materials to arrive at a proper understanding of this issue. It would have been possible for me to pack my Order with a lot of research material and get applauded by the outside world for rendering a scholarly Order. There was a call from inside which kept reminding me that if I venture into such an exercise at this stage, it will only be hypocritical of me since the Order will not reveal my true and honest feeling about this very important issue.
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