VidhiSangh

Supreme Court of India · 11/03/2024

DEVU G NAIR versus THE STATE OF KERALA & ORS.

[2024] 3 S.C.R. 1273 · 2024 INSC 228

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Summary

Courts deciding habeas corpus or protection petitions must ascertain free wishes in a safe, private setting and must not use counselling or parental-care directions to change identity, sexual orientation or choice. Mandatory minimum guidelines protect intimate partners and LGBTQ+ persons from coercion, stigma and family interference. In this case, an independent judicial interview established that the adult concerned voluntarily lived with her parents and did not presently wish to live with anyone else; the appeal was disposed of on that report.

Issues

  1. How courts should ascertain free will in alleged family detention and partner-protection cases.
  2. Whether counselling could be used to influence identity or relationship choices.
  3. What case-specific outcome followed the independent judicial interview.

Provisions considered

Held

Result

Appeal disposed of on the independent judicial report confirming the adult’s voluntary choice. Mandatory minimum guidelines issued for free-will ascertainment, privacy, interim protection and freedom from coercive counselling in habeas corpus and intimate-partner protection cases.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 1273.