Odisha High Court on August 27 allowed the queer couple to stay in a live-in relationship and observed that people are entitled to their rights irrespective of their gender. The court also said that the domestic violence law would extend to the woman if she were to separate from her partner.
Reports stated that a division bench of Justice S K Mishra and Justice Savitri Ratho, while hearing habeas corpus plea of a 24-year-old trans man earlier this week, said, “The state shall provide all kinds of protection to them, including the right to life, right to equality before the law and equal protection of the law."
The petitioner stated that his partner’s mother and uncle forced her into an arranged marriage with another person in Jaipur, leaving him no choice than to bring the matter to court.
Justice Savitri Ratho stated that freedom of choice was available for the queer couple to decide on getting into a live-in relationship. Justice S K Mishra also directed the Jaipur Superintendent of Police to ensure that petitioner and his partner are able to get together in Bhubaneswar.
Both judges wrote separate but concurring judgments. Justice Ratho said, “A reading of the Supreme Court judgements will indicate that individual rights have to be balanced with social expectations and norms. The freedom of choice is therefore available to the two individuals in this case who have decided to have a relationship and live together and society should support their decision.”
Justice S K Mishra also ordered that the petitioner’s partner will not be stopped from communicating with her mother and sister over calls and can visit them too. The partner’s family is also allowed to visit the petitioner’s home.