The Madras High Court, in a habeas corpus case, held that same-sex couples can legally form a family even though same-sex marriage is not recognized in India. A division bench of Justices GR Swaminathan and V Lakshminarayan ruled that family cannot be confined to heterosexual marriage and includes “chosen families.” The court criticized police inaction in protecting the couple and stressed the duty of the state to safeguard LGBTQIA+ rights. It also acknowledged civil unions through “Deeds of Familial Association” and directed continued protection for the petitioners, reinforcing dignity, liberty, and inclusivity for sexual minorities.
The Supreme Court of India in We The Women of India v. Union of India (W.P.(C) No. 1156/2021) directed all States and Union Territories to better implement the Protection of Women from Domestic Violence Act, 2005. It ordered appointment of Protection Officers within six weeks, wide public awareness drives, free legal aid via NALSA and state/district legal services, and identification/notification of shelter homes and service providers at district and taluka levels within ten weeks. The measures aim to ensure timely protection, legal help and safe shelter for victims.
