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Devu G Nair v State of Kerala and Ors 2024 INSC 228 (Supreme Court)

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I. The Supreme Court Deals with Queer Women

Finally, the Supreme Court has dealt with a matter specifically concerning the lived experiences of queer women and persons raised as women. When they run away to escape family violence, often one or both sets of parents file missing complaints, or kidnapping charges against the partners. If apprehended, they are detained by their natal families. Case analysis has shown that in many instances the police and courts side thoughtlessly with the family. In such cases, habeas corpus petitions have been immensely useful in securing the couple’s freedom. Through these petitions the court summons the allegedly detained person (detenue) to court to ascertain their will. In this case the court passed important directions on how to deal with runaway cases.

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Chinmayee Jena v. State of Odisha and Ors. Writ Petition (Criminal) 57/2020

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On the 24th of August, 2020, a division bench of the High Court of Orissa confirmed the right of a transgender man and a woman to be in a live-in relationship. The present case was a habeas corpus petition concerning the live-in relationship of a transgender man, the petitioner, and a woman, the alleged detenue. Summarily, the court confirmed their right to be in a relationship, and placed an obligation on the State to offer “all kinds of protection” to them to facilitate their exercise of this right. I will first summarily restate the facts of the case and then draw the attention of the reader to five items: 1. The judge’s easy recognition of the self-identified name of the petitioner—an important “best practices” for judges and lawyers dealing with SOGI matters. 2. The not completely relevant history of how the petitioner came to be recognized as a transgender man; 3. Arguably, familial ideology in motion, resulted in adjournments and the delay of the detenue’s (and the couple’s) live-in relationship right, along with certain fundamental rights; and 4. The usage of protection orders to secure the safety of the detenue and the couple.

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