N. Anand Venkatesh, J.:— Pursuant to the earlier orders passed by this Court on 22.03.2021, considering the sensitivity of the issue, the matter was directed to be posted in the chambers today at 2:15 p.m.
2. The Petitioners, their respective parents and the police officials from the 6 and 7 Respondent police stations respectively were present in person. All the parties were represented by their counsel.
3. This Court thought it fit to talk to the Petitioners and their parents in order to assess their mental status and to understand their stand, before proceeding further with the case.
4. The 1 Petitioner, is aged about 22 years and she has completed B.Sc. Mathematics and is presently pursuing M.B.A. in correspondence mode in Madurai Kamaraj University. The 2 Petitioner, is aged about 20 years and she is pursuing B.A. Tamil through correspondence mode in Madurai Kamaraj University. The Petitioners know each other for the last 2 years and both of them in unison stated that their friendship blossomed into love and they were very clear that both of them will be a partner to each other for life. The Petitioners did not mince any words and there was so much of clarity in what they wanted to convey.
5. The parents of the respective Petitioners, came to know about the relationship between the Petitioners, and it was not to their liking. There was opposition and the pressure started mounting, and hence, the Petitioners left Madurai on 09.02.2021, to Chennai. The Petitioners are presently supported by an NGO namely, International Foundation for Crime Prevention and Victim Care (“PCVC”). The Petitioners are searching for a job in order to financially sustain themselves.
6. This Court individually interacted with the parents of the respective Petitioners. The parents of the respective Petitioners obviously are shocked, and they are not able to immediately accept the relationship between the Petitioners. They were more concerned about the security of the Petitioners and were worried that the Petitioners should not get exploited. They were more eager to talk with their respective daughters, since they have not heard from them for more than a month.
7. This Court immediately requested the Mediation Centre to allot two cabins to enable the parents to have a one-toone interaction with their daughters. They spent nearly an hour with their respective daughters in the Mediation Centre.
8. This Court thought it fit to refer the Petitioners and their respective parents to a counsellor who specialises in working with LGBTQI+ individuals. This move becomes very vital since this Court is moving into unchartered waters, and a report from a specialist will provide support to this Court to move forward in this case.
9. I personally spent some time in doing some research and collecting materials to arrive at a proper understanding of this issue. It would have been possible for me to pack my Order with a lot of research material and get applauded by the outside world for rendering a scholarly Order. There was a call from inside which kept reminding me that if I venture into such an exercise at this stage, it will only be hypocritical of me since the Order will not reveal my true and honest feeling about this very important issue. To be open, I am also trying to break my own preconceived notions about this issue and I am in the process of evolving, and sincerely attempting to understand the feelings of the Petitioners and their parents thereafter, proceed to write a detailed Order on this issue. That is the reason why I am trying to develop this case brick by brick and ultimately, construct something purposeful on this issue.
10. The request put forth by this Court was readily accepted by all concerned. This Court also requested Ms. Vidya Dinakaran, M.Sc. Counselling Psychology, to counsel the parties and the request was readily accepted by the specialist. The parties were informed that the counselling will take place during the third week of April 2021, and that they will be intimated the exact date, time and venue through their counsel.
11. This Court after spending sufficient time with the parties prima facie got an impression that the parties will work towards a peaceful resolution, and what is required for the present is an understanding of the issue in hand. The parents were informed that the present status quo will be maintained and the Petitioners will continue to be under the protection of the abovesaid organisation. The parents were ready for this arrangement and the only request made by them was that they should have regular interaction with the Petitioners. The Petitioners also agreed to interact with their parents on a regular basis.
12. Mr. Thilagar, Special Sub-Inspector of Police was present from Thallakulam Police Station. Mr. Sankar, Sub-Inspector of Police was present from Avaniyapuram Police Station. Both the officers were informed that the girl missing complaint which is pending in their police station must be immediately closed. The learned Government Advocate submitted that the police will not interfere in this issue any longer, and that the complaints will be immediately closed.
13. The learned counsel appearing on either side requested this Court to continue hearing this case since this Court has interacted with the parties, and it will be more convenient for the parties to put forth their grievance even in the future hearings and by regularly monitoring this case, this Court can resolve the issue at the earliest.
14. This Court requests Ms. Vidya Dinakaran, M.Sc. Counselling Psychology to send a report to this Court in a sealed cover preferably on or before 26.04.2021.
15. Considering the request made by the counsel appearing on either side, the Registry is directed to place this Order before the Hon'ble Chief Justice and get the necessary permission on the administrative side.
16. Post this case, for further hearing on 28.04.2021.