JUDGMENT :

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, Directing Respondent Nos. 1 to 3 to inquire with the parents of the Petitioners and instruct them not to interfere with the life of the Petitioners and consequentially, to grant the necessary Police Protection to the Petitioners.

“There are many branches on the tree of life. There is no one way to be, and there is room for everyone to be who they are.”

1. This Writ Petition has brought to light an important issue requiring destigmatisation and acceptance in the eyes of the society. This Court has, therefore, consciously refrained from adopting the usual course of disposing cases of this nature that knocks the doors of this institution.

2. The crux of the case is as follows. The Petitioners, a lesbian couple whose relationship was being opposed by their parents who are the 4th and 5th Respondents fled to Chennai from their respective houses in Madurai. The said Petitioners, with the support extended by certain NGOs and persons belonging to the LGBTQIA+ community managed to secure accommodation and protection, and were in search of employment to financially sustain themselves. Meanwhile, the 4th and 5th Respondents individually filed girl-missing-complaints before the 6th and 7th Respondent Police and two FIRs came to be registered. Having faced interrogation by the police at their residential premises, and apprehending threat to their safety and security, the Petitioners approached this Court seeking a direction to the police not to cause harassment and protection from any form of threat or danger to their safety and security from the 4th and 5th Respondents.

3. This Court, felt that the case required attention in detail and therefore, passed the following Order on 22.03.2021:

“5. The learned Government Advocate who took notice on behalf of the Respondent Police submitted that the Respondent Police will be instructed in this regard and the safety of the petitioners will be ensured.

6. The case in hand requires to be dealt with more sensitivity and empathy and it is a sample case of how the society even now is grappling to come to terms with same-sex orientation. Considering the sensitiveness of the issue involved, this Court wants to hear the parties in camera.

Post this case on 29.03.2021 at 2:15 p.m. in His Lordship’s Chamber.”

4. On 29.03.2021, the Petitioners, the 4th and 5th Respondents and the 6th and 7th Respondent Police were present in-person before this Court with their representing counsel. The proceedings of the chamber hearing and the Order passed thereof is extracted herein under:

“3. This Court thought it fit to talk to the Petitioners and their parents in order to assess their mental status and to understand their stand, before proceeding further with the case.

4. The 1st Petitioner, is aged about 22 years and she has completed B.Sc. Mathematics and is presently pursuing M.B.A. in correspondence mode in Madurai Kamaraj University. The 2nd Petitioner, is aged about 20 years and she is pursuing B.A. Tamil through correspondence mode in Madurai Kamaraj University. The Petitioners know each other for the last 2 years and both of them in unison stated that their friendship blossomed into love and they were very clear that both of them will be a partner to each other for life. The Petitioners did not mince any words and there was so much of clarity in what they wanted to convey.

5. The parents of the respective Petitioners, came to know about the relationship between the Petitioners, and it was not to their liking. There was opposition and the pressure started mounting, and hence, the Petitioners left Madurai on 09.02.2021, to Chennai. The Petitioners are presently supported by an NGO namely, International Foundation for Crime Prevention and Victim Care (“PCVC”). The Petitioners are searching for a job in orde