New rules on habeus corpus petitions

Content Editor: Dr. Manu Goel

March 29, 2024 at 2:45:00 PM

LGTQIA+, Indian Jurisprudence, Sexual Orientation and Identity, Equal Rights

Responding to a ruling by the Kerala High Court, a three-bench judge of the Supreme Court comprising CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra issued guidelines advising High Courts of the following points -

Refrain from ordering counseling or paternal care for the individual in cases of illegal detention. The court may simply ascertain the wishes of the person.
To prioritize habeas corpus petitions or petitions for protection filed by partners, friends, or a member of the natal family.
To ensure that the wishes of the corpus are not influenced by the court, police, or their parents.
The concept of family is not limited to the ‘natal family’. It may include friends, partners, etc. which are of greater significance in such cases.

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