Punjab & Haryana High Court Orders Woman's Production In Same-Sex Partner's Plea Against Alleged Illegal Detention

In a plea filed by a same-sex partner, the Punjab & Haryana High Court on Wednesday directed the SHO of Haryana's Panchkula to produce a woman allegedly illegally detained by her family to force her into marriage. 

Observing that, "the matter seems to be of serious concern to the Court", Justice Sandeep Moudgil directed the State to "produce the detenue...through Station House Officer, Chandimandir, Police Station, Panchkula, Haryana as well as respondents No.4 & 5 (parents of detenue) on the next date of hearing."

The habeas corpus plea has been filed by a same-sex partner seeking the production of her partner, who is allegedly being unlawfully detained by her family that opposes their relationship.

It is stated that earlier when they approached the police expressing their wish to live together, they were allegedly slapped by the officer and forcibly taken the detenu to her family member.

The petition also adds that the family members of the alleged detenu may compelled her to marry someone of their choice, as they have already threatened to do the same or even cause her fatal physical harm. 

The matter is now listed for January 04, for further consideration.

It is pertinent to note that, the Supreme Court, refrained from granting legal recognition for same-sex marriages, however it directed the State to take steps to end the discrimination faced by queer couples and to ensure protection for their right to cohabitation.

The Punjab & Haryana High Court had earlier granted protection to a lesbian couple stating that Article 21 of the Constitution of India does not cease to apply when people of the same gender decide to live together.

The bench of Justice Anoop Chitkara had observed, "Love, attraction, and fondness have no boundaries, and not even the boundary of gender. However, some segments of societies cannot keep pace with the boldness of expression, courage not to be subservient, and the rapidly changing ethos and lifestyles that Gen-Z and millennials might like to embrace or follow, including openly proclaiming their attraction towards persons of similar gender," the Court remarked it highlighting that "Article 21 is equally applicable to same-sex live-in couples."

Case Title: X v State of Haryana & Ors.

Advocate for the petitioner Amrita Garg

Click here to read/download the order