"Same-sex couples can form a family": Madras High Court affirms LGBTQIA+ rights
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In a significant affirmation of LGBTQIA+ rights, the Madras High Court has ruled that same-sex couples can indeed constitute a family, even in the absence of legalised marriage.
The observation came from a division bench comprising Justices G R Swaminathan and V Lakshminarayanan, which also allowed a young woman to live with her female partner, affirming their right to personal liberty and self-determination.
The case involved a habeas corpus petition filed by a woman seeking the release of her 25-year-old partner, who she alleged was being held against her will by her family. The court noted, “To a specific question from us, the detenue (the 25-year-old woman) replied that she is a lesbian and in relationship with the writ petitioner.”
The court was informed that the woman had been forcibly taken home, subjected to violence, and coerced into undergoing rituals meant to “normalise” her sexual orientation. She expressed fear for her safety and confirmed that she wished to live with the petitioner. The bench acknowledged the petitioner's reluctance to openly describe their relationship in official documents and said, “We can understand the hesitation on her part.”
While recognising that same-sex marriages are not yet legally sanctioned in India, the court emphasised that the definition of “family” must evolve with time. “Marriage is not the sole mode to found a family,” it stated. Citing existing LGBTQIA+ jurisprudence, the bench added, “The concept of ‘chosen family’ is now well settled and acknowledged.”
The ruling also referenced a prior Madras High Court decision by Justice Anand Venkatesh in Prasanna J vs S Sushma, where a "Deed of Familial Association" was approved to recognise civil unions among LGBTQIA+ partners. The judgment further aligned itself with the Supreme Court’s stance in NALSA and Navtej Johar, which upheld that sexual orientation is a core component of individual autonomy and liberty under Article 21 of the Constitution.
Delivering its judgment on May 22, 2025, the High Court declared, “Since we have satisfied ourselves that the detenue wants to join the petitioner and that she is being detained against her will, we allow this Habeas Corpus petition and set her at liberty.” The court also prohibited the woman’s family from interfering in her personal freedom and directed the police to provide protection to both women as needed.
