Madras High Court Judge Seeks Counselling to Understand Lesbians

Sunday, May 9, 2021

/ by mansuralisaha


The News Cover: A lesbian couple living in Madhurai, Tamil Nadu, fled and moved to Chennai. The couple then filed a case in the Madras High Court. An NGO helped them with their education and work in Chennai. The girls sought protection from the HC to protect them from their families who opposed their relationship and wanted to separate them. to undergo psychological counselling. This was to evaluate the couple's mental health and to ascertain whether they have genuine feelings for each other. 

Psychologist Vidhya Dinakaran had a session with the girls and created a report. The girl's parents also spoke to the Dinakaran and a report was created as well. This report was handed over to the Madras High Court. According to the report, the psychologist opined that the couple is of sound mind, they have no misunderstandings about their love for each other. The Psychologist said he has not found any fault in their relationship. The couple loves their parents and has a lot of respect for them. 

Their only fear is that they may be forced to separate. The girls are wailing to wait for their parent's approval for them to get married in the future. They are very hopeful and are willing to wait for as long as it takes. When Dinakaran spoke to the parents about their feelings, they said, they are unable to digest the relation and are completely against it. The parents said this relationship would bring shame to the family and society. The parents find the relationship abhorrent and will never accept it as it has never happened in their family. The couple will never be able to have biological offsprings. They would have to resort to adoption, which would put an end to their lineage.

which would make them proud in society. Justice N Anand Venkatesh - a Judge of the Madras high court thoroughly read the psychologists reports and said that it is very difficult for him to pronounce a judgement on the case as he had no experience with Lesbian relationships and will not be able to understand their feelings. 

He said he would schedule an appointment with Psychologist Dinakaran and understand the LGBTQ community. Once he understands, he will be able to pronounce a judgement on the case. In earlier cases, he would use his mind to give verdicts on cases. But this case requires him to give a verdict from his heart. The session with the psychologist will help him give the correct verdict from his heart. 

This would also help him evolve as a person. The matter has been postponed to June 7. A total of four petitions demanding same-sex marriage are pending before the high courts of Delhi and Kerala. The Supreme Court in 2018, removed Section 377 which criminalized same-sex adult consensual relationships. In 2018, the law was criminalised. Several same-sex couples continue to face opposition from society & families.

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