The Karnataka High Court rejects a transgender person’s petition for a writ of habeas corpus.
A 23-year-old transgender man filed a case with the Karnataka High Court asking that; the State police produce an 18-year-old female who has been his purported companion since 2019; the motion was denied by a division bench of Justices B Veerappa and K.S. Hemalekha.
A 23-year-old transgender man (who self-identifies as a man) filed the petition on behalf of a girl, 18, with; whom he claims to have been in a consensual relationship since 2019. He claimed that; because the girl’s parents disapproved of their relationship, they severely physically and emotionally abused the girl as a result.
The daughter was unable to endure the abuse, the petitioner further argued, so on May 9, 2022, she left her parents’ home and came to remain with him at his home. The police notified him the following day that; a kidnapping case filed against him, and they urged him to bring the girl to the police station. the girl’s relatives allegedly forcibly separated the petitioner and the girl when they arrived at; the police station and took the girl away.
The petitioner further argued that; the girl’s separation and imprisonment were unconstitutional and unlawful, were done without a court’s permission, and violations of Article 21 of the Indian Constitution.
The girl and her parents brought before the court by the police, and during questioning, the girl said she was only the petitioner’s acquaintance. she has been in a consensual relationship with the petitioner since 2019. The same entered into the records in front of her parents and the government lawyer.
After concluding that; the petition could not be maintained, the Court dismissed it with costs.
Despite our propensity to impose costs, the court stated, “We reject the petition with; a caution to the petitioner to not repeat actions of breaching a person’s rights under Article 21 of the Constitution of India in the future, even if we are tempted to do so.”
Name withheld v. State of Karnataka and Others is the case title.
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