Orissa HC Says Woman Can Live-In With Her Same-Sex Partner. We Are Definitely Moving Forward

After decades of battle, we have finally reached a stage where same-sex relationships are no longer considered illegal. This means that the members of the LGBTQ+ community can freely express their love and have consensual relationships without fearing persecution. This was a huge win for our LGBTQ+ community. However, even though the law does not recognize same-sex relationships as illegal or unnatural anymore, Indian society does. It’s majorly frowned upon and despite the many parades and marches, it is still a bit of a taboo topic. 

I always wondered what my parents would say if I ever told them I was gay or bisexual even. Firstly, I think they would turn around and tell me that there is no such thing as being bisexual and that I was going through a phase. And when that wouldn’t work, they would try to instil the fear of God in me. It’s ridiculous. Either our society is too rigid to see that there is nothing wrong with same-sex relationships or they just refuse to move with the times. It breaks my heart to think about all the struggle the members of the community have to go through just to be able to be themselves. 

Here’s the thing, until now, we have only won part of the legal battle but there is still so much stigma around this subject. The road ahead is long, winding and arduous. However, today I came across something that I believe is yet another small victory for the LGBTQ+ community. 

https://twitter.com/GlobalLGBTNews/status/1298174057779572736

You see, Orrisa High Court allowed a woman to live with her same-sex partner after she was forcefully taken away by her family. 

Both women were in a live-in relationship when one of them was forcefully taken by her family. Her partner, a 24-year-old woman, filed a Habeas Corpus petition at the Orissa high court. The petition was allowed by the court and the petitioner alleged that her partner was in the custody of her mother and uncle in Bari, Rajasthan. 

The petitioner, while seeking the intervention of the court in this matter told them that, her partner’s family was going to forcibly marry her off to someone they picked out. 

The division bench of Justice SK Mishra and Justice Savitri Ratho allowed the petition after speaking to the woman who was taken by her family and ensuring that she wants to live with her partner instead of her family.  

During the interaction, it was made clear to the woman that just because a writ petition had been filed that alleged unlawful restraint, does not mean that she needed to join her partner and that she could stay with her parents if that’s what she wanted. To this, the woman replied stating that she wants to live with her partner without further delay. 

After this, the bench directed the Superintendent of Police, Jajpur to protect the woman so she could immediately go back to her partner. 

The petitioner had informed the court that she had her partner fell in love in 2011 and were in a consensual relationship since 2017. 

Also Read: Menaka Guruswamy And Arundhati Katju, The Lawyers Who Fought To Decriminalise Article 377, Now To Fight For Same Sex Marriage

https://www.instagram.com/p/CESOFKQlPEB/

As I said, it’s a small victory. We are moving forward step by step in the right direction and hopefully, there will be a day where families will not forcefully separate two people who love each other, as long as they are consenting adults. Also, I have to mention that it’s amazing to see how incredibly supportive the courts have been. They are instrumental in this progress that we have made. But we’re seeing that the courts are being increasingly progressive. 

In June, Uttarakhand HC said that while people in same-sex marriages aren’t eligible to get married yet, they still have the right to live together. This came after yet another woman filed a Habeas Corpus stating that her partner was taken by her family. 

In 2018, in what is thought to be the first verdict of its kind after the iconic SC hearing, a Kerala HC ruled in favour of a lesbian couple who wanted to live together. 

A few months ago, a gay couple even filed a petition asking for marriage equality. They challenged provisions of Special Marriage Act, 1954 [Act of 1954] to get the permission to register their marriage. Justice Anu Sivaraman of the Kerala High Court even agreed to examine their plea. 

These might not be gigantic wins but they all contribute to moving the LGBT+ movement the correct direction. All these incidents make me so happy because they are testaments to the fact that we are moving forward and one day, someday, we will have marriage equality and same-sex relationships will be normalized.

https://thehauterfly.com/lifestyle/costa-rica-becomes-the-latest-country-to-legalise-same-sex-marriages-social-stigma-might-mean-that-itll-be-a-while-before-this-happens-in-india/