New Delhi Court Reunites Lesbian Couple

In New Delhi, the High Court has reunited a lesbian couple who were separated by one of the women’s homophobic family members. The woman’s partner filed a habeas corpus plea with the High Court; the habeas corpus plea allowed the petitioner to argue that her partner was being unlawfully kept in her family’s house with the possibility of  being in danger due to her family’s homophobic beliefs. According to a report by The Times of India, the petitioner, the woman, and the woman’s father were all interviewed separately in the case.

In these interviews, the father of the petitioner’s partner stated that he did not agree with his daughter being in a lesbian relationship and told the High Court that his daughter had been “brainwashed.” After conducting an interview with the woman, who stated she would not like to return to her family’s home but live with the petitioner instead, it was determined that the woman’s parents could not force her to stay with them, and she would be free to return to the petitioner’s home. The High Court also issued a warning to the woman’s parents to not intimidate or threaten the couple. 

Legislature protecting LGBTQ+ rights in New Delhi have slowly been coming to fruition over the last decade. In 2018, India’s Supreme Court decriminalized queer sex after years of political activism and lobbying. In the years since, there have been case by case situations such as this one in which the rights of same-sex couples were defended at the court level. But as of 2023, same-gender couples are still fighting for the right to marry in India, as well as the right to have both partners recognized as the legal guardians of their children. In March 2023, four couples appeared before the Supreme Court to petition the legalization of same-gender marriage in India. Currently, the court has not come to a decision on the matter and Indian activists—both local and abroad—continue to push for marriage equality.