**Same-Sex Couples Recognized as Families by Madras High Court**
The Madras High Court has affirmed that same-sex couples can form families, despite the absence of legal recognition for same-sex marriages in India. This ruling came during a habeas corpus petition filed by a woman seeking the release of her 25-year-old partner, who had been forcibly detained by her biological family.
A division bench comprising Justices GR Swaminathan and V Lakshminarayanan ruled in favor of the couple, emphasizing that “marriage is not the sole mode to found a family.” The court noted that the detained woman identified as a lesbian and confirmed her relationship with the petitioner. She reported experiencing physical abuse and coercive rituals intended to alter her sexual orientation, expressing a genuine fear for her safety and a desire to be with her partner.
While the petitioner initially referred to herself as a “close friend” in her police complaint, the court recognized the societal stigma surrounding same-sex relationships that may have influenced this description. The bench referenced landmark Supreme Court rulings in NALSA and Navtej Johar, which uphold sexual orientation as a matter of personal autonomy and dignity protected under Article 21 of the Constitution. Additionally, the court cited a previous ruling by Justice Anand Venkatesh in Prasanna J vs. S Sushma, which acknowledged a “Deed of Familial Association” for LGBTQIA+ partners, thereby recognizing civil unions.
The bench stated, “The concept of a ‘chosen family’ is now well settled and acknowledged in LGBTQIA+ jurisprudence,” affirming that the petitioner and the detained woman can indeed constitute a family. The court ordered the immediate release of the woman, prohibited her biological family from interfering with her personal liberty, and directed the police to ensure protection for both women as needed.
This ruling marks a significant step towards recognizing the rights and dignity of same-sex couples in India, highlighting the evolving understanding of family structures in contemporary society.
**FAQ**
**Q: What did the Madras High Court rule regarding same-sex couples?**
A: The Madras High Court ruled that same-sex couples can form families, emphasizing that marriage is not the only way to establish a family, despite the lack of legal recognition for same-sex marriages in India.