The Orissa High Court, on Monday, ordered the police to give protection to a 24-year-old woman who wants to live with her same-sex partner after the partners mother and uncle reportedly abducted her and tried to get her married against her wish.
The order was passed by Justice SK Mishra and Justice Savitri Ratho when they heard the habeas corpus petition filed by Chinmayee Jena alias Sonu Krishna Jena. The bench asked the police to provide protection to Jena’s partner so that they can start a life together.
Jena had filed the petition under Article 226 and 227 of the Constitution seeking security for her partner, alleging that her partner’s mother and uncle are keeping her away and are trying to get her married off to a man.
Producing a certification of Gender Dysphoria for Trans man from a psychiatrist to the court, Jena said that they fell in love with each other in 2011 and that they are in a relationship since 2017. They knew eachother since school and studied in the same institutions till college, post-which Jena got a job at Bhubaneswar and was staying on rent in the city.
She said that while they in a live-in relationship, her partner’s mother and uncle came and forcibly took her away against her will. This happened in April despite both of them were majors and she also cited the provisions of Protection of Women from Domestic Violence Act, 2005, which approved live-in relationships.
Citing the orders of Supreme Court in Navtej Singh Johar vs Union of India case in which the apex court held that section 377 of the Indian Penal Code transgressed Article 14, 15, 19 and 21 of the Constitution of India, the division bench said that Jena has the right of self-determination of sex/gender and she also has the right to be a live-in relationship with a person of her choice even though such person may belong to the same gender as the petitioner.
During the virtual hearing, the Jena’s partner told the HC that she wants to join the company of her without further delay. The court ordered that the petitioner would have to allow the mother and sister of her partner to be in touch with her and that her partner would have all the rights of a woman as enshrined under the Protection of Women from Domestic Violence Act, 2005.
