New Delhi: The Orissa High Court has passed an order allowing a woman to live-in with her same-sex companion in a habeas corpus plea filed by the partner.
A division bench comprising Justice S. K. Mishra and Justice Savitri Ratho extended the protection of domestic violence law to the woman partner and said: “The state shall provide all kinds of protection to them, including right to life, right to equality before law and equal protection of law.”
The habeas corpus petition filed by Chinmayee Jena alias Sonu Krishna Jena sought production of her woman partner, alleging that she was being kept away by her mother and uncle.
The petitioner also informed the bench that her partner was being forced by her mother and uncle to get married.
The petitioner, exercising her rights to self-gender determination as per the Supreme Court’s judgement in the 2014 case of National Legal Services Authority of India (NALSA) preferred to be addressed as “he”. He submitted before the bench that both he and his partner are adults, however, since they belong to the same gender, they are not competent to enter into wedlock but still have the right to live together.
The bench held that the partners have the right to decide on their sexual preference and directed the Jajpur superintendent of police to ensure that the partner gets to join the petitioner in Bhubaneswar.
While passing the order the bench remarked: “The society should support their decision. We hope and trust that the duo will lead a happy and harmonious life”.
-India Legal Bureau