Madras HC Questions Gay Man's Locus Standi as He Claims Partner Locked Up

Justices PN Prakash and Vijayakumar questioned how the boyfriend could file the petition as they were not married.

The Madurai bench of the Madras High Court on Wednesday, 29 June, questioned the locus standi of a gay man to file a petition for his partner, who has allegedly been locked up by his family.

(Photo: The Quint)

The Madurai bench of the Madras High Court on Wednesday, 29 June, questioned the locus standi of a gay man to file a petition for his partner, who has allegedly been locked up by his family.

Justices PN Prakash and Vijayakumar questioned how the boyfriend could file the plea as the two were not married, and has told him to not be present in court when his partner is produced before them, The News Minute reported.

The two men, aged 26 and 18, have been in a relationship for the past eight months. When the teenager's family came to know about their relationship earlier this year, they allegedly forced him to undergo 'conversion therapy.'

What Is the Case?

Speaking to TNM, the teen's partner said that the former was tied up in chains, beaten up, and given shock treatment in medical facilities and unknown places.

On 11 May, the complainant (26) received a call allegedly from Vadassery police threatening to arrest him, he said. The same day, he sent official complaints to the SP, and Inspectors of Suchindram and Vadassery police stations. The next day, he lodged an online police complaint via the Tamil Nadu police portal.

A police officer from Vadassery contacted the 26-year-old on 13 May, and allegedly used homophobic slurs against him. On 22 May, a police officer from Suchindram station called him to be present for an inquiry on 23 May, based on a complaint filed by his minor partner's mother. The same night, he was allegedly attacked by unknown persons.

As per the TNM report, Tamil Nadu resident then filed a habeas corpus petition, on behalf of his partner, on 6 June. A bench of Justices PN Prakash and Hemalatha questioned the age of the boy and demanded an age proof, and the locus standi of petitioner to file the plea, in order to decide whether the petition can be taken up.

On 29 June, when the case was taken up for urgent hearing, the bench of Justice PN Prakash and Vijayakumar asked the counsels for the petitioner, "What is your locus standi to file this case, there is no marriage or... You say that he is your friend.” It is pertinent to note that while homosexuality was decriminalised by the Supreme Court in 2018, marriage between same sex couples is not legal in India yet.

The court has now ordered the teenaged partner to be produced before the court on Thursday.

(With inputs from The News Minute.)