Written by: Aniket Anjan (Intern)
Edited by: Anubhav Yadav (Content Head & Developer)
The significant judgment passed by the Madras High Court for upholding LGBTQIA+ rights, on 7th June 2021 banned any medical attempt to “cure” or change the sexual orientation of a person and also issue a directive to sensitize society and various branches of the state including police and judiciary to remove prejudices against them. The Madras High Court he should guidelines to be followed by state and center government for the identification of gay, lesbian, bisexual, transgender, queer, asexual and intersex person by society, this ruling went far beyond with the narrow term of the case which is brought by a lesbian couple who alleged they had been harassed by police, the High Court ruled that there should be a change in syllabus of school and university to educate the student on LGBTQIA to be made, the High Court also added the term transgender in addition to male and female gender column in the application form for the various purpose shall be included.
Justice N Anand Venkatesh issued the order while hearing petition which is filled by the lesbian couple was the relationship was not approved by their parent the petitioners leave their home in Madurai who lives in Chennai.
SAME-SEX COUPLE MOVED COURT, SEEKING PROTECTION
After two women fled their home their family member had lodged a missing complaint with the police and the two F.I.Rs were registered, eventually, the police pointed the woman and interrogated them, both approached the too high court for the protection from the police harassment another threat.
Madras High Court observed that people from the community have to lead a dignified existence which includes their choice of sexual orientation, gender identity, and choice of their partner court added, this right is given under article 21 of the Indian constitution. Justice N Anand Venkatesh, Who had undergone an educational session with a psychologist to understand the same-sex relationship after that he passed that order, while releasing this order justice understood “I have no hesitation in accepting that I too belong to the majority of the commoner who is yet to comprehend homosexuality completely”, ignorance is not justification for normalizing any form of discrimination so I took this upon myself the vested responsibility and the duty to deliver justice in all the form and spirit of cutting across personal and prejudice and notion setting forth to at least educate myself list my ignorance interference within guiding homosexuality and LGBTQIA the community toward The social justice. The High Court also suggested several ways that programs be conducted by the union and state government. The High Court also directed national medical commissions, Indian psychiatric society and the rehabilitation council of India should give action including withdrawal of license to practice against professional involving any form or method of conversion therapy to LGBTQIA community member.
The High Court also directed the union government to device policy to eliminate pre justice against LGBTQIA people and organize some special program for judiciaries, police, public servant health professional, and the parents of LGBTQIA persons, union government should enlist all the NGO’s Which work on the community-based group which have sufficient expertise in handling the issue faced by LGBTQA community “person who faces an issue for the reason of their belongingness TO LGBTQIA can move to enlisted NGO for safeguarding there and protecting their right.
Highlighting the need to create awareness in the judiciary as well the court also give some suggestion to the legal service authority concerned and the law ministry conducted awareness programs for a judicial official at all level in coordination with the in listed NGOs and community support and to provide suggestion who ensure nondiscrimination of person which belong to the LGBTQIA community, “through parent-teacher association meeting, sensitize parent on the issue of LGBTQIA community further, The Courts added.
Asserting that the issue involved the required regular checkup and monitoring the High Court decided to keep the petition pending and adjourned the matter to August 31 for passing further order. Tamil Nadu will be the first state to ban “conversion therapy” a widely available procedure that hospitals, as well as religious institutions, offer to change the sexual orientation of LGBTQIA+ people.