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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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