The Madras High Court has strongly backed the rights of LGBTQIA+ individuals to form “chosen families”. The court stated that marriage is not the only way to find family and belonging. In a recent ruling on May 22, a division bench of Justices G R Swaminathan and V Lakshminarayanan made this clear while granting liberty to a 25-year-old lesbian woman who had been forcibly separated from her partner by her family.
What Did The Court Say On This Matter?
“Marriage is not the sole mode to find a family. The concept of a ‘chosen family’ is now well settled and acknowledged in LGBTQIA+ jurisprudence,” the court stated.
The court observed that the woman’s mother was unwilling to accept her daughter’s sexuality. “Not every parent is like Justice Leila Seth. She could acknowledge and accept her son’s sexual orientation,” the judges noted. “The mother of the detainee is no Leila Seth. We endeavoured in vain to impress upon her that her daughter, being an adult, is entitled to choose a life of her own.”
The judges also expressed concern over the use of the term “queer” to label non-heterosexual individuals. “We feel a certain discomfort in employing the expression ‘queer’. Any standard dictionary defines this word as meaning strange or odd. Queering one’s pitch means spoiling the show,” they said. The bench argued that there is nothing strange about homosexuality, and such individuals should not be described in alienating terms.
Additional Steps Taken By The Court
The court criticised the police for their role in the case, stating, “We censure the rank inaction on the part of police and the insensitivity shown by them.” The officers reportedly forced the woman to return to her parents despite her clear wishes.
The court ensured that the woman and her partner receive protection from police and are not disturbed by her family. The ruling is a big step forward in strengthening legal recognition of LGBTQIA+ relationships beyond marriage.
