LI Network
Published on: January 19, 2024 at 12:26 IST
In a habeas corpus plea brought forward by a transgender man, the Rajasthan High Court has asserted the right of a cisgender woman to reside with her chosen partner.
During the woman’s appearance before the Court, she disclosed that her father had been unlawfully confining and mistreating her.
A Division Bench, comprising Justices Pankaj Bhandari and Bhuwan Goyal, following an interaction with the woman, ordered that she be accompanied by police protection to the location of her preference.
The plea, filed on behalf of the detainee by her transgender partner, alleged the forceful confinement orchestrated by the woman’s father, with the active involvement of the police. The petitioner claimed that the detainee faced physical and mental abuse, including undue pressure for an unwanted marriage, which led to a suicide attempt.
These incidents followed an unsuccessful attempt by both the detainee and the petitioner to elope. The plea highlighted the detainee’s and the petitioner’s desire to live together as a couple.
The petitioner noted the detainee’s appeals to state authorities and judicial officers through emails in December 2023, as well as her complaint to the National Commission For Women.
However, it was argued that the police, after visiting the detainee’s father’s house, merely recorded her statement and even suggested she should live with her parents rather than her transgender partner.
The petitioner asserted that police officials conspired with the detainee’s father to violate her rights under Article 21 of the Constitution. The petitioner contended that the police, influenced by the detainee’s father, failed in its duty to protect her constitutional rights.
Drawing from Navtej Singh Johar v. Union of India (2018), the petitioner emphasized the LGBTQIA+ community’s entitlement to choose life partners, placing the onus on the state to curb harassment against queer individuals.
Referring to Supriyo@Supriya Chakraborty & Anr. v. Union of India, the petitioner established the legal position that a transgender man has the right to marry a cisgender woman under Indian marriage laws.
Previously, on January 3, 2024, the Court directed the State of Rajasthan to produce the detainee on January 8, 2024. The Jaipur bench disposed of the habeas corpus plea, directing police protection for the detainee’s choice to live with her partner.
Case titled: X v. State of Rajasthan Through P.P & Ors.