Basing on Yogyakarta Principles-2006 and some recent judgements of the Supreme Court, which have recognised that human beings of all gender identities are entitled to the full enjoyment of all human rights, the Orissa High Court has intervened to reunite two adult women of same age to continue their live-in relationship.
Allowing a writ application of a 24-year-old woman, who has preferred to be treated and addressed as a male, a Division Bench of the court earlier this week has issued a writ of Habeas Corpus and directed the Jajpur Superintendent of Police to facilitate the petitioner’s partner to join ‘him’ at ‘his’ place of stay in Bhubaneswar.
As peers, the girls grew up studying in the same school and college and fell in love in the year 2011; and thereafter, they decided to stay together. But in April this year, the mother and uncle of the partner forcibly took her back to their home and allegedly arranged her marriage with another person, following which the petitioner approached the High Court.
Heading the Bench, Justice SK Mishra also recognised the right of the duo to decide their sexual preference and their right to stay as live-in partners. “The State shall provide all kinds of protection to them, including right to life, right to equality before law and equal protection of law,” the judgement said in its direction to the Government.
Writing the judgement, Justice Mishra also directed that the petitioner shall take all good care of ‘his’ partner as long as she is residing with ‘him’. The partner lady is the elder daughter of a widow of Bari in Jajpur district and has a sister. “The mother and sister would be allowed to visit the lady at the petitioner’s house,” Justice Mishra said.
Concurring with Justice Mishra, puisne judge Justice Savitri Ratho said the freedom of choice was available to the two in this case who have decided to live together. “(The) society should support their decision,” Justice Ratho said. She observed that in the society in which the partner’s mother lives, it would take some time for her to accept her daughter’s decision.
Justice Ratho also clarified that merely because the lady would join the company of the petitioner on account of judicial intervention, there is no bar for her to separate ties with ‘him’ in case their relationship falls apart or she wants to go back to her mother. “We hope and trust that the duo will lead a happy and harmonious life,” the lady judge further observed.