Despite laws and court orders, LGBTQIA+ community lives in fear in Kerala

This is not a one-off. Many homosexual couples face the same ordeal.
Adhila Nasrin and Noora Fathima, who were reunited by the Kerala HC last year
Adhila Nasrin and Noora Fathima, who were reunited by the Kerala HC last year

KOCHI: Last year, the Kerala High Court reunited Adhila Nasrin and Noora Fathima, a lesbian couple who were separated by their families, Now, Sumayya Sherin and Afeefa C S, another lesbian couple from Malappuram, are hoping for a similar intervention.

Though the Supreme Court decriminalised homosexuality in 2018, undoing a colonial-era law that had been in force since 1947, societal discrimination continues to hamper such relationships in Kerala, which is otherwise considered progressive.

“Though the law of the land permits us to live together, we are under constant threat. We both underwent a lot of trauma, especially Noora, and we don’t feel safe even now. We don’t know when our families will show up unexpectedly and react the same way as Afeefa’s did,” said Adhila and Noora, speaking to TNIE. 

“Our case was different. We did not have the benefit of a court order, which Sumayya and Afeefa have obtained.” Yet, Afeefa’s family has now flouted the order in the firm belief that no action would be taken against them,” they said. “The right to life remains confined to paper, there are no signs of it being implemented. Even when Sumayya approached the police, they told her not to worry as Afeefa is with her family,” Adhila added.

This is not a one-off. Many homosexual couples face the same ordeal. “There have been instances when even police officers have shied away from helping us,” said a gay couple who wished not to be named. “We have to be extra careful,” they added.

Sumayya told TNIE that she has no clue as to her partner’s whereabouts. “I have come to know that she is undergoing counselling (conversion therapy). On June 9, the lawyer representing Afeefa’s family sought 10 more days to present her before court, and it was permitted. She has been in her family’s custody for over 20 days, and they must not be treating her well,” she added.

“Our advocate submitted an application before the HC on Monday stating that the case shouldn’t be delayed. We do not know what the court procedure is, but we are hoping for a positive response,” said Gargi H, a member of Vanaja Collective, a Kozhikode-based organisation assisting oppressed communities (including women and LGBTQIA+). The court has scheduled the hearing for June 19.

Conversion therapy, Noora said was the most traumatising experience of her life. “A mullah from my community constantly tried to impose religious beliefs. He coerced me into getting involved in a heterosexual relationship. He tried to break me down mentally and physically,” Noora recounted. “After such a traumatising experience, it is obvious a person would reach a stage where he or she would give up and agree to whatever their family wants,” she said. “In Afeefa’s case too, we are worried about the trauma she would be undergoing,” she added.

Having been in a relationship for over two years, Afeefa and Sumayya eloped with the help of the Vanaja Collective. “We had an order from the Malappuram Judicial First Class Magistrate Court permitting us to live together. But, Afeefa’s family abducted her after tracing her mobile phone location in May,” said Sumayya.

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