OVERVIEW
The Delhi High Court on Wednesday ordered the Delhi Police to provide protection to a lesbian woman, who was forced to live a married life and threatened to be ‘cured’ of her sexual orientation.
The 23-year-old woman was forcibly married to man in October 2019, in spite of her parents being aware of her sexual orientation. The plea filed by her stated that tried to end her marriage several times, including informing her husband of her sexual orientation soon after her marriage.
BACKGROUND
The petitioner stated in court that her marriage had never been consummated and she had explicitly expressed her wish to dissolve the marriage as it was threatening her mental and physical well-being.
It was submitted that the woman’s mother had contacted her on March 7, 2021 claiming to have found a religious guru capable of ‘curing’ her of her sexual orientation and insisted on her undergoing conversion therapy using psychic interventions to alter her sexual orientation.
The petitioner fled from her matrimonial house soon after and approached the NGO Act Now for Harmony & Democracy, where she is currently residing.
The petition also stated that the police had illegally leaked information about her leaving her matrimonial home and leaking the details of the NGO activists to her family.
BRIEF ACCOUNT
The woman thus approached the court seeking immediate remedy ensuring that she is provided with security from her family and in-laws, asking her parental and matrimonial family prohibiting them from contacting her.
The petitioner, represented by advocate Vrinda Grover, filed for her protection of her right to equality under Article 14, along with her right to privacy, autonomy, dignity and liberty under Article 21 of the Indian Constitution.
The single-judge bench of Justice Mukta Gupta issued directions to the Lajpat Nagar SHO to provide special protection to the woman. The petitioner also sought a court order to her father and father-in-law, as well as her husband prohibiting them from keeping or initiating any kind of communication with her to intimidate or threaten her.
CONCLUSION
The High Court thus issued direction to the Delhi Police, represented through the Delhi government standing counsel Rahul Mehra and Advocate Chaitanya Gosain, to provide complete assistance and protection to the woman stating that the NGO members shall not be harassed or harmed for helping her.
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