"For many LGBTIQA+ 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," the Supreme Court said.

Recently, the Kerala High Court made important observations about the abuse LGBTQIA+ people, particularly queer women, experience inside their homes.

Judges Raja Vijayaraghavan V and PM Manoj, who made up the division bench, observed that LGBTQIA+ people experience violence, stigma, prejudice, and rejection from their families on the basis of their identity starting at a young age.

"For many members of the LGBTIQA+ community, particularly in India, revealing their sexual orientation or gender identity is a kind of rebellion against a society that upholds strict cultural standards surrounding gender identity and expression.

The societal standards and false ideas that suppress gender non-conforming behavior and expression are frequently the source of this stigma.

Their mental health, employment, access to school, housing, and shelter can all be negatively impacted by the economic, social, and political prejudice they face.

This is especially true if they are rejected by their families and cut off from social networks of support, the Court stated.

Living in such conditions may be extremely taxing on people, which is why it's critical to acknowledge the family as a place of abuse and dominance.

"People who experience rejection may suffer greatly as a result of being cut off from financial, emotional, and physical resources that are vital to their wellbeing.

In these situations, the Court noted, it is critical to acknowledge that, for many lesbian women, the family is a place of abuse and control, from which they require protection rather than any form of "guardianship."

Speaking out about their gender identity or sexual orientation is a sign of rebellion for many LGBTIQA+ people, particularly in India, where there are still strict societal standards surrounding gender identity and expression.

In this context, the Court further emphasized that the term "family" does not have to refer just to one's biological family but can also apply to one's adopted family.

"Although this holds true for everyone, LGBTQ+ people have experienced violence and a lack of safety from their birth family, which has given this statement more weight.

People turn to their partners and friends, who act as their chosen family, in the face of humiliation, indignity, and even violence, the Court stated.

It's critical to acknowledge that, for many LGBT women, the family is a place of abuse and control, and that, rather than "guardianship," they need protection from them.

These observations were made by the Court during its consideration of a habeas corpus petition filed by a woman's parents, who claimed that their daughter had been unlawfully imprisoned by someone they identified as being a member of the LGBTQIA+ community.

They claimed that this individual had started a social media group named "Mazhavillu" [rainbow] with other people and had tricked their daughter into becoming a member.

They further argued that their daughter has behavioral problems and has already received counseling from a psychologist.

The daughter and her partner were both contacted by the court. The daughter disclosed to the court that she has made a conscious decision to be in a relationship with her transman lover.

Additionally, it disparaged the counseling psychologist's report, pointing out that it called the transgender person a woman.

"The psychologist seems to have operated on the mistaken assumption that Ms. X's (the petitioners' daughter) statement of her gender identity or sexual preferences is an act of disobedience and that, should she get treatment, her identity and sexual orientation may change.

The High Court noted that "such assumptions are unfounded and inappropriate, and the report cannot be used to override Ms. X's autonomous choices."

The daughter of the petitioners is entitled to conduct her life according to her own terms, the court ruled in rejecting the plea.

Those who experience assault, shame, or indignity turn to their friends and partners, who they consider to be their adopted family.

Kerala Supreme Court

At the request of the daughter, the Court also issued necessary directions to ensure that she remains safe from threats and violence from her family.