Devu G. Nair v. State of Kerala

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.

Conversely, the Bench noted that unless U. Sreerenjini's statement denies unlawful detention, her appearance before the Kerala High Court is unnecessary.

[11][12] 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.

The Madras High Court instructed the National Medical Commission to take measures against professionals engaged in any form of 'conversion therapy,' which could involve revoking their license to practice.

'[1][2] The counsel contested an interim order issued by the Kerala High Court on 13th January 2023, instructing the District Legal Service Authority to record the statement of the detainee, at the residence of alleged detainers.

According to the detainee's statement to the District Legal Service Authority, she confirmed her romantic relationship with the petitioner while denying any illegal detention.

The counsel argued that the interim orders are in conflict with a binding precedent set by the Supreme Court in the case of Navtej Singh Johar v. Union of India (2018), which established that sexual orientation is an intrinsic aspect of constitutional rights, including liberty, dignity, privacy, personal autonomy, and equality.

Narasimha and Justice J.B. Pardiwala, heard the petitioner's argument and issued notice to the respondents, including the State Government of Kerala.

Crucially, both the Principal Judge of the Family Court and Ms. Saleena V G Nair were responsible for ensuring that the detainee's statement was recorded without any coercion or duress from her parents, prioritizing a fair and unbiased process.

[4][6] Additionally, in consideration of the Kerala High Court's interim order from 2nd January 2023, which directed the alleged detainee in a same-sex relationship to attend counseling sessions over the next four or five days, as well as the petitioner's argument that directing the alleged detainee to attend counseling sessions is fundamentally erroneous, the Bench, on 6th February 2023, stayed the Kerala High Court Interim order from 2nd January 2023 until the next day of the hearing of the special leave petition.