Families can become ‘sites of violence’ for LGBTQIA+ individuals, says Kerala High Court

It is important to recognise that families can often become “sites of violence” for LGBTQIA+ individuals, who may need protection rather than “guardianship”, the Kerala High Court observed recently.

“For many LGBTQIA+ individuals, especially in India, expressing their gender identity or sexuality, is an act of defiance in a society that continues to set rigid cultural norms for gender identity and expression,” a division bench comprising Justices Raja Vijayaraghavan V Justice P M Manoj observed.

The bench noted that LGBTQIA+ individuals “face stigma, violence, and discrimination” for their identity.

“This stigma is often rooted in inaccurate beliefs and cultural norms that repress gender non-conforming behaviour and expressions,” it said.

The court also pointed out that rejection from families “can take a devastating toll “ on LGBTQIA+ individuals and may isolate them from the physical, emotional and financial resources they need for their well-being.

“In such cases, it is important to recognise the family as a site of violence and control for many queer women, who they need protection from rather than any ‘guardianship’,” the bench held.

The court was hearing a petition by a 23-year-old woman’s parents, who alleged that their daughter was being illegally detained and living in a “toxic” relationship with a same-sex partner.

The parents told the court that certain LGBTQIA+ individuals “lured”...

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