NEW DELHI: The Supreme Court on Monday dismissed a petition by a Kerala woman who claimed that her same-sex partner was illegally confined by her family but stressed that there should not be any attempt by high courts to provide counselling to persons to change their sexual orientation.

A three-judge bench led by Chief Justice of India Dhananjaya Y Chandrachud decided the case after receiving a report from a judicial officer deputed to meet the woman who was allegedly confined and interview her at a family court in Kollam. The officer submitted a report to the top court in which she acknowledged that the petitioner was an “intimate friend” but underscored that she did not want to get married or settle down with any person.

The bench, also comprising justices JB Pardiwala and Manoj Misra said, “There is no reason for this court to disbelieve the report of a senior judicial officer. We are not inclined to entertain this petition.”

The bench, however, added a note of caution.

“However, we address a note of caution as the petitioner submits that in such matters, HCs are directing counselling of detenues and such counselling should not be a means to overcome their sexual orientation. We expect the HCs to bear this in mind.”

“Ascertaining the (sexual) orientation of a person through counselling is one thing. But it is quite inappropriate to change the sexual orientation of a person through purported counselling.”

The top court in February last year stayed further proceedings before the Kerala high court and directed a senior judicial officer to interact with the detenu to ascertain her wishes on whether she was voluntarily residing with her parents or was under illegal detention.

Advocate Sriram Parakatt who appeared for the petitioner objected to the high court’s order as it violated the 2018 judgment of the Supreme Court that decriminalised homosexuality under Section 377 of the Indian Penal Code (IPC) and recognised the rights of the LGBTQI community to express their sexual orientation.

The petition said, “The petitioner and the detenu are female as per their gender orientation and they both wish to get married and be together. The parents of the detenu have kept her in illegal custody against her will so as to impede the marriage between the petitioner and the detenu.”