#LoveIsLove: Kerala HC helps woman and her lesbian lover
What's the story
Saying rights of adults can't be curtailed, the Kerala High Court recently came to rescue of a woman who wanted to live with her lesbian partner.
A bench of justices CK Abdul Rehim and R Narayana Pisharadi gave the judgment in a Habeas Corpus plea filed by the woman's partner against her parents, who forcefully kept her with them.
The relationship wasn't approved by them.
The case
After forceful detention, woman was taken to mental hospital
When her parents learned of the 23-year-old woman's plans to live with her partner, it resulted in her forceful detention.
In August, a complaint was filed after which the Magistrate court ordered her release. Later, her parents took the woman to a mental hospital, where authorities didn't grant her freedom until they saw court order.
Her partner then approached the Kerala High Court.
Verdict
In no time, Kerala HC ruled in favor of lovers
The HC didn't take much time in delivering the judgment and said subjective morals cannot supersede Constitutional freedom given to adults.
Moreover, the HC also mentioned the landmark judgment of the Supreme Court which decriminalized gay sex last month.
The Supreme Court read down sections of the draconian Section 377, giving a major relief to LGBT+ community.
Past judgment
HC refers to previous orders to support verdict
Apart from the Supreme Court's landmark judgment, the HC also referred to Soni Gerry v Gerry Douglas case, where it was observed that adults are entitled to their own choice.
In May this year, the apex court also noted that adults can stay together even if they aren't married, setting a progressive example.
The Hadiya case was also mentioned to tell court's responsibility is to uphold an individual's freedom.