IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V &

THE HONOURABLE MR. JUSTICE P.M.MANOJ ST MONDAY, THE 1 DAY OF JULY 2024 / 10TH ASHADHA, 1946 WP(CRL.) NO. 704 OF 2024 PETITIONER:

ADITHYA KIRON, AGED 20 YEARS S/O KIRON VASUDEVAN RESIDING AT VADACKUMCHERIL (NRAM-58) PULIYELIPADI, MANICKAMANGALAM, KALADY P.O ERNAKULAM, PIN - 683574 BY ADV DHANUJA M.S RESPONDENTS:

1 THE STATION HOUSE OFFICER.

PALARIVATTOM JANAMYTHRIPOLICE STATION, 2834+29C, CIVIL LINE RD, OPPOSITE PALARIVOTTAMBUSSTOP, PALARIVATTOM JUNCTION, SONIA NAGAR, PALARIVATTOM, ERNAKULAM, KERALA, PIN - 682025

2 NISAMUDHEEN.S RESIDING AT ALPHA TUTION CENTER, 1ST FLOOR, NEAR ANGANWADI, THRIKKOVIL ROAD, NEAR JUMA MASJID, VENNALA PO, ERNAKULAM 682028, PIN -

682028

3 HASEENA V.A, W/O NISAMUDHEEN S RESIDING AT ALPHA TUTION CENTER, 1ST FLOOR, NEAR ANGANWADI, THRIKKOVIL ROAD, NEAR JUMA MASJID, VENNALA PO, ERNAKULAM, PIN - 682028

4 SAHANA NISAM, D/O NISAMUDHEEN S RESIDING AT ALPHA TUTION CENTER, 1ST FLOOR, NEAR ANGANWADI, THRIKKOVIL ROAD, NEAR JUMA MASJID, VENNALA PO, ERNAKULAM, PIN - 682028 OTHER PRESENT:

SRI. P M SHAMEER, GP.

THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 01.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Raja Vijayaraghavan, J.

The petitioner, a close associate and friend of Ms. X (name withheld for privacy), who identifies as a transwoman, has preferred this petition seeking immediate intervention. He asserts that respondents 2, 3, and 4 are the father, mother, and sister respectively of Ms. X. The petitioner states that Ms. X has been subjected to familial violence when Ms. X came out and disclosed her gender identity. Ms. X reportedly sought assistance from Disha, an organization dedicated to safeguarding the rights of individuals like herself, and sought for intervention. When the petitioner became aware of the grievances faced by Ms. X, he is stated to have lodged Ext.P1 complaint with the police.

2. The petitioner asserts that Ms. X has been admitted to Amrita Hospital, Ernakulam, and she has been coerced into signing a consent form under duress. He states that Ms. X, seeking urgent intervention, submitted Ext.P2 complaint electronically to both the police and the Social Welfare Department. The petitioner's grievance centers around the alleged lack of action on these complaints. Furthermore, the petitioner asserts that Ms. X has been threatened with being labeled as mentally ill if she insists on discharge from the hospital. The petitioner asserts that sexual orientation and gender identity are integral to the personality of Ms. X and alleges that the respondents are attempting to portray her self-defined sexual orientation and gender identity as a sexual perversion and consequently a mental disorder warranting psychiatric treatment. It is on these assertions that this writ petition is filed seeking the following relief:

i) Issue a writ of habeas corpus or any other appropriate writs, orders or directions commanding the respondents to produce the body of detenue, xxxx, who is held in illegal detention by the respondents 2 to 4 before this Hon’ble Court and set her at liberty.

3. By order dated 27.6.2024, we ordered the production of Ms.X before us. Her parents and sister have also appeared before us.

We have interacted with the parties in private and in our chambers. 4. Ms. X stated before us that while assigned male sex at birth, she now identifies as a transwoman. She is 19 years of age, and thus an adult. She alleges that she was admitted to a hospital and coerced into signing a consent form for therapy aimed at altering her gender identity. Furthermore, Ms.X contends that she was administered medication without her informed consent. She states that she is currently pursuing a B.A. in Animation & Graphic Designing at a college. Regarding her living arrangements, Ms.X has expressly communicated her intention to reside at Jyothis Bhavan, Thrikkakara, and has unequivocally stated her des