Devu G. Nair versus State Of Kerala (2023), is an ongoing Supreme Court case, poised to examine the legality of Conversion Therapy and addressing whether the High Court should have facilitated the alleged detainee's opportunity to provide their statement in person within the secure confines of the High Court building.
Background
The petitioner, Devu G. Nair, is engaged in a consensual same-sex relationship with U. Sreerenjini, an alleged detainee of 23 years, who is presently being held by her parents under purported false circumstances to separate her from Devu G. Nair since 9th January 2023. As a response, Devu G. Nair has initiated a legal action by filing a petition in the Kerala High Court, seeking a writ of Habeas Corpus to demand U. Sreerenjini's presence and secure her release.
Kerala High Court
Proceedings
On 13th January 2023, a two-judge Bench of the Kerala High Court, comprising Judge Alexander Thomas and Judge C.S. Sudha, issued an order directing the Secretary of the District Legal Services Authority in Kollam to visit the parents' residence of alleged detainee U. Sreerenjini, aiming to record her statement and ascertain the legality of her detention by her parents.The Bench ordered that if the statement suggests U. Sreerenjini's unlawful detention, her presentation before the High Court by 19th January 2023, is required. Conversely, the Bench noted that unless U. Sreerenjini's statement denies unlawful detention, her appearance before the Kerala High Court is unnecessary.
When the Secretary of the District Legal Services Authority of Kollam visited the home of U. Sreerenjini's parents, who were the alleged detainers, alleged detainee U. Sreerenjini provided a statement affirming her romantic involvement with the petitioner Devu G. Nair but refuted any claim of unlawful detention by her parents.
On 31st January 2023, the Bench, without delving into the specifics of U. Sreerenjini's statement to the Secretary of District Legal Services Authority of Kollam, directed the Station House Officer of Kollam West Police Station to ensure U. Sreeranjini's presence before the Secretary of District Legal Services Authority of Kollam on 2nd February 2023, for a direct video conference between the Kerala High Court and U. Sreeranjini.
The petitioner Devu G. Nair asserted that during U. Sreerenjini's virtual appearance before the Kerala High Court, U. Sreerenjini explicitly conveyed her romantic affection for Devu G. Nair and expressed a desire to reside with her.
Interim Order
On 2nd February 2023, a two-judge Bench of the Kerala High Court, comprising Judge Alexander Thomas and Judge C.S. Sudha, without examining the content of the statement furnished by the alleged detainee U. Sreerenjini to the Kerala High Court, found it suitable for U. Sreerenjini to receive counseling at an authorized center. Accordingly, the Bench directed the Secretary of the District Legal Services Authority of Kollam to facilitate U. Sreerenjini's counseling sessions with a psychologist attached to a Kollam counseling center over the next four or five days. Furthermore, the Bench ruled that U. Sreerenjini's parents, who are the alleged detainers, could accompany her to the counseling center.
Supreme Court
Special leave to appeal
The special leave to appeal does not grant an automatic right to appeal but rather provides the right to request special leave to appeal. The Supreme Court, recognizing its exceptional and supreme authority in granting special leave to appeal, employs this discretionary jurisdiction with care, preserving it for rare and exceptional situations to prevent the continuation of injustice. To qualify for the special leave to appeal, the legal question raised in the petition must be of significant importance, either with broad public implications or with a direct and substantial impact on the rights of the parties involved. Additionally, the Supreme Court's intervention becomes necessary when different High Courts hold conflicting views on the same legal question.
Petition
The petitioner's counsel has filed a special leave petition, seeking to contest the interim orders issued by the Kerala High Court on 13th January 2023, and 2nd February 2023, raising legal questions concerning the validity of 'conversion therapy,' and whether the High Court should have facilitated the alleged detainee's opportunity to provide their statement in person within the secure confines of the High Court building. Furthermore, the counsel argued that interim orders deprived the petitioner and the alleged detainee of fundamental rights, spanning from January 9, 2023, to the present.