In a landmark ruling, the Kerala High Court has emphasised that trans women have the right to live independently and according to their own choices and desires.
This ruling came in the hearing of the case of Elida Rubielle, a 19-year-old transwoman allegedly forced to undergo conversion therapy.
Her friend, Adithya Kiron filed a habeas corpus petition, claiming that Elida, who had publicly identified as a transwoman, was reportedly detained by her parents and subjected to conversion therapy at a hospital in Kochi.
The Division Bench, comprising Justice Raja Vijayaraghavan V and Justice P.M. Manoj, heard the case. The court affirmed that LGBT individuals are entitled to privacy and the right to live with dignity, free from persecution.
Justice Vijayaraghavan stated,
"LGBT persons, like other heterosexual persons, are entitled to their privacy, and the right to lead a dignified existence, without fear of persecution. They are entitled to complete autonomy over the most intimate decisions relating to their personal life, including the choice of their partners."
In the court, Elida described how she was forced into signing consent forms for conversion therapy and given medication without her consent.
She expressed her wish to live separately from her parents, citing violations of her autonomy, right to self-determination, and freedom of choice. She mentioned that she wants to continue her studies in Animation and Graphic Designing.
Her parents, however, stated their concern for her safety and education, offering her the option to return home at any time. They assured the court that they did not oppose her expressing her gender identity and would support her financially if needed.
The court referred to previous Supreme Court decisions, including the National Legal Services Authority v. Union of India and Navtej Singh Johar v. Union of India, which recognize the rights of transgender individuals to self-determination, dignity, and freedom.
In its final ruling, the court acknowledged Elida's firm decision to live independently and granted her the liberty to do so, reaffirming her right to choose her own path in life.
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