In Devu G. Nair v. State of Kerala, 2024 INSC 228, the Hon’ble Supreme Court, while hearing a criminal appeal against interim orders of the Kerala High Court in a writ of habeas corpus, laid down important guidelines to safeguard the fundamental rights and dignity of intimate partners and LGBTQ+ persons facing illegal detention. The Appellant alleged that she and X, both women in an intimate relationship, were forcibly separated when X’s parents illegally detained her against her will. The High Court, through one of its interim orders, had directed X to undergo counselling with a psychologist.
The Supreme Court. upon reviewing an interview of X conducted by a member of its e-committee, found that X was not illegally detained, had no intention to marry or cohabit with anyone, and wished to focus on her career. However, the Court upon being informed that the High Court had been issuing orders directing counselling of persons similarly situated, expressed serious concern over the practice of High Courts directing counselling or parental oversight in such matters, cautioning that these could undermine individual autonomy, especially regarding sexual orientation. Criticising such directions for their deterrent effect on such individuals, the Court issued a set of guidelines for handling Habeas Corpus petitions, petitions seeking protection from family or police interference.
