Madras HC recognises locus standi of gay man to file petition for partner’s safety

The 18-year-old man was produced before the court on June 30 after his partner filed a petition alleging that he was being illegally confined by his parents.
Madras High Court,
Madras High Court,
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In the case of habeas corpus petition filed by a man alleging that his partner was confined by his mother, the Madurai Bench of Madras High Court has closed the case after the detainee was produced before the court on June 30. “The detenu (another word for detainee) was produced before us and we interviewed him in our chambers. We are satisfied that the detenu is not in the illegal custody of his mother. Hence, this habeas corpus petition is closed,” the court said in its order.

The partner of an 18-year-old had filed a habeas corpus petition in the High Court, and a bench of Justices PN Prakash and Vijayakumar had questioned the locus standi of the boyfriend to file the petition, and had also asked him to not be present in court when the boyfriend is produced before them, which was followed.

The petitioner’s advocates, G Sathiya and Sanjesh Mahalingam, said, “By producing a gay man based on a petition filed by his gay partner, the high court has acknowledged the locus standi of a gay man to file such petitions for the production of their partner if they are under illegal confinement. This decision has also been passed during the pride month.”

Advocates of the petitioner also told TNM that they believe that the detenu will not be prevented from meeting his partner or subject to “conversion therapy” by being sent to psychiatric in-patient facilities to be "cured" of his sexual orientation, which has already been prohibited by the court.

As reported by TNM earlier, Abbas (26) and Ajith (18) (names changed) were in a relationship for the past eight months. After learning of their relationship, Ajith’s family allegedly subjected him to conversion therapy and inflicted torture upon him. When Abbas approached the police, he was also subjected to verbal abuse, and was allegedly attacked by unknown persons.

Abbas later submitted a habeas corpus petition on June 6, which came up for hearing regarding its maintainability on June 22, and it was taken up for urgent hearing on June 29. That was when the bench asked the counsels for the petitioner about the petitioner’s locus standi. "What is your locus standi to file this case, there is no marriage or... You say that he is your friend,” they said.

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