Riju and Maya, both 24, met a few years ago via a gay dating site. But, when Maya left the family home to move in with Riju, her parents filed a police complaint under Section 57 of the Kerala Police Act. It allowed the police to arrest Maya and bring her back to her parents.
A magistrate helped to release her on August 14, but despite the court order, Maya’s parents took her to a public psychiatric hospital.
So, to secure her partner’s liberty, Riju appealed to the Kerala High Court. And she won a great victory since the court granted them the right to live together.
The court said: “Constitutional morality cannot be martyred on the altar of social morality. The veil of social morality cannot be used to violate the fundamental rights of an individual because constitutional morality is based on recognition of the diversity that permeates society.”
This is a first in India where same-sex couples are not recognized.
When the Indian Supreme Court ruled to no longer consider homosexual relationships as a crime, it opened the door to further advances in LGBT rights and recognition for same-sex couples.
It is also a great victory for the freedom of women who, too often, cannot be free to make their own decision about their life even when they reach their majority.