Kerala HC directs family of 21-yr-old to undergo counseling to understand gender identity

Kochi: The Kerala High Court has asked the parents and sibling of a 21-year-old individual to undergo counseling in order to understand the concept of gender identity.

A division bench of Justice Anu Sivaraman and Justice C. Jayachandran issued the order on a habeas corpus plea moved by the parents alleging that an organisation called Sahayathrika had illegally detained their "daughter".

Sahayathrika works to the needs of lesbian/bisexual women and transgender persons in Kerala.

However, when the bench interacted with the "detained" person, it was informed that there was no illegal detention and that Sahayathrika was merely helping the person navigate gender identity.

The bench also interacted with the person's parents and sister. Then the Court opined that the parents and sister need counseling to understand and accept the concept of gender identity and ordered the District Legal Services Authority (DLSA), Alapuzha to arrange appropriate counseling for them.

"Having interacted with the petitioners and their children, we are of the opinion that the petitioners also require a counseling to accept the factum of the different gender identity, which the alleged detenue seeks to express. We therefore direct the Secretary, DLSA, Alappuzha to take appropriate steps to identify a proper person for interaction and counseling with petitioners for the specific purpose as stated above", read the order.

Later, the Court allowed the alleged detenue to return with Sahayathrika and ordered the parents and sister to appear before the DLSA on September 20.