Supreme Court issues notice on same-sex couple's appeal against High Court order for counselling

New Delhi: The Supreme Court on Monday issued notice on a plea filed by same-sex couple challenging the Kerala High Court order directing one of them to attend counselling sessions with a psychiatrist.

The plea said the petitioner and the detenu are female as per their gender orientation and they both wish to get married and be together as it challenged the Kerala High Court's January 13, 2023 order, which directed the detenu to attend counselling sessions with a psychiatrist so far as her sexual orientation is concerned.

The plea contended that the parents of the detenu have kept the detenu in illegal custody against her will so as to impede the marriage between the petitioner and the detenu.

A bench headed by Chief Justice of India D.Y. Chandrachud and comprising Justices P.S. Narasimha and J.B. Pardiwala directed that the parents of the detenu would produce the detenu before the family court at Kollam and they shall arrange for an interview of the detenu with an officer of the Supreme Court.

The bench added that the officer of this court shall submit a report on whether she is being kept in illegal detention. "The statements shall be recorded in a fair manner, without any correction. Report to be submitted in a sealed cover. There shall be a stay of further proceedings before the high court till the next date of listing," said the bench, which also issued notice on the petition.

Earlier during the day, advocate Sriram P. mentioned the plea before a bench headed by Chief Justice Chandrachud and sought urgent hearing in the matter. The bench asked the counsel to keep the brief ready and it will hear the matter at the end of the board.

"The present Special Leave Petition is seeking to invoke the basic principle of Habeas Corpus and seeking the detenu to be produced before the court physically," said the plea.

It contended that the detenu, through video conferencing, clearly told the high court that she is in love with the petitioner and the detenu wanted to come with the petitioner and live happily with her ever after.

The plea said: "The High Court erroneously sought the detenu to be sent for counselling. The counselling impugned herein is obviously counselling to change her sexual orientation. It is most respectfully submitted that this counselling is proscribed under law and the High Courts of Madras, Uttarakhand, and Orissa have specifically and categorically followed the law laid down by this High Court prohibiting it."