Hyderabad: A 26-year-old woman from Jaipur has submitted a writ petition under Article 226 of the Indian Constitution, requesting a Writ of Habeas Corpus for the release of her same-sex partner in the Telangana High Court.
The petitioner stated that her partner is being held against her will by her father. She stated that both women had escaped from their families to Rajasthan, but her partner’s family subsequently filed a missing persons report, leading to her being located in Jaipur.
The petitioner said that her partner was forcibly returned to Telangana by her family without her consent and expressed concerns for her partner’s safety.
According to the petition, the same-sex couple fled from Hyderabad to Rajasthan on June 24, 2024.
The petitioner’s partner’s family filed a missing persons report, and the police located her in Rajasthan on July 4, 2024. The police then returned the petitioner’s partner to her family against her will.
The 26-year-old petitioner stated that despite seeking help from local LGBTQIA+ activists, the police did not assist her with the case.
She later contacted the High Court Advocate and National Convenor for Praja Udyamala Sangheebhava Committee, Hema Lalitha, who took up the case and presented it in the Telangana High Court.
In the petition, the advocate contended that the 26-year-old woman, as a legal adult, has the right to choose her partner and live independently.
Hema Lalitha referenced several court rulings that support the rights to consensual relationships and privacy under Articles 14, 15, and 21 of the Indian Constitution.
Additionally, the petition highlighted international human rights standards and the legal acknowledgement of live-in relationships as outlined in the Protection of Women from Domestic Violence Act, of 2005.
The advocate urged the court to instruct the police to produce the petitioner’s partner and release her from her family’s custody.
