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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., P.M. MANOJ
Shereena Hakkim W/o Hakkim – Appellant
Versus
State Police Chief, Vellayambalam – Respondent
| Table of Content |
|---|
| 1. parents' concerns about daughter's mental health. (Para 1 , 2) |
| 2. ms. x's autonomy and her choice of partner. (Para 4) |
| 3. challenges to parental control and psychiatric evaluation. (Para 5 , 7) |
| 4. recognition of lgbtq+ rights and autonomy. (Para 6 , 8 , 9 , 10) |
| 5. affirmation of ms. x's rights and orders for document return. (Para 11 , 12 , 13 , 14) |
JUDGMENT :
RAJA VIJAYARAGHAVAN V., J.
1. The petitioners herein, being the parents of Ms. X (name withheld for privacy), state that Ms. X, aged approximately 23 years and a graduate, has formed an acquaintance with the 5th respondent, who is identified as a member of the LGBTQ+ community. The 5th respondent, along with others, has established an online social media group by name "Mazhavillu'' and they are alleged to have lured their daughter into joining this group. They contend that their daughter is suffering from certain behavioral issues and on previous occasions had to seek treatment under a Counseling Psychologist. To substantiate their claim, the petitioners rely on Ext.P3, a certificate issued by the psychologist, indicating that Ms. X, after counselling, was referred to the Psychiatry Department of the Quilon Distri
The court emphasized the autonomy and personal liberty of adults in choosing their partners, particularly within the LGBTQ+ community, asserting that society should respect these choices without undu....
The right of a major individual to make their own choices and enjoy freedom as permitted by law.
The court affirmed the individual's right to autonomy in personal relationships, particularly for LGBTQIA+ individuals, recognizing such choices as integral to personal liberty under Articles 19 and ....
LGBTQ+ community – Ascertaining wishes of a person is one thing but it would be completely inappropriate to attempt to overcome identity and sexual orientation of an individual by a process of purpor....
The court emphasized the importance of respecting an individual's choice and rights, as guaranteed under Article 21 of the Constitution of India.
The welfare of the child is of paramount consideration in child custody disputes, and decisions should be made based on the best interests of the child.
The court ruled that the right to protection under Article 21 does not extend to relationships deemed illegal or immoral, emphasizing constitutional morality over societal norms.
The Court emphasizes the fundamental rights to personal liberty and autonomy in the context of alleged illegal confinement, directing that the detenu must be allowed to pursue her education and caree....
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