This is another diamond on the crown of Hon'ble Madras High Court for setting an precedent for addressing issues of Queer. More than a solution the judgment portrayed reality of society & on what needs to be done in order to come out of such mindset. In this case the Madras High Court has proposed a set of comprehensive steps to sensitise society and different state departments and other organizations, including the police and courts, in order to eliminate biases against LGBTQIA+ people and bring them into the mainstream of society. The court has also set out steps in order to protect the LGBTQIA+ community from any kind of violence or harassment.
Facts of the Case:
The petitioners are a lesbian couple that fled from their respective parents’ houses in Madurai and came to Chennai as their parents opposed their relationship. The petitioners were accommodated by certain NGOs and members of the LGBTQIA+ community. They were in search of employment in to sustain themselves. The parents of both the petitioners filed missing girl complaint and FIRs were filed. The petitioners were examined by the police at their residential premises. Suspecting threat to their safety and security, the petitioners have filed this writ petition to seeking a direction to stop the police from any kind of harassment and seek protection from any imminent threat or danger.
Opinion of the Judge about himself:
In my opinion this is the best part of the judgment, where Justice N. Anand Venkatesh opens up on his mindset about the Queer community & stated that he too has certain preconceived notions about the LGBTQIA+ community and he was in the process of evolving in order to understand the view point of the petitioners and their parents to the farthest extent. In order to understand the petitioners better, he also ordered the petitioners to go under a counselling session as he wanted to get the insights of their relationship that would enable him to pass a better order. The judge also stated that he has been doing a lot of research and collecting materials in order a better judgment. He also underwent a counselling session with a professional to understand the community better. In the counselling he talked about the prejudices he holds due to the way the society functions and how homosexuality has been stigmatised since ages. Justice Venkatesh also discussed with few members of the community with get to know the community better as he had no idea about their lives as he didn’t know anyone from the community personally. At the end of such encounters, he also addresses the petitioners, his counsellor and the members of the community with whom he had discussions as his ‘gurus’ who helped in the process of evolution and pulled him out of the darkness.
Present Scenario of the LGBTQ+ community in India:
In the judgment, there have been instances mentioned where the community is stigmatised at various. It has been stated that according to studies 99% of all transgender persons have faced social rejections at some point of time in their lives, 52% face harassment at the hands of their classmates and 15% at the hands of their teachers. There continues to be practices of conversion therapies to correct non-heterosexual and non-cisgender people. MBBS textbooks continue to address sodomy, lesbianism and oral sex as sexual offences and transvestism as sexual perversion. A study suggests that 50% of Indian transgender people have attempted suicide at least once before they turned 20.
Directions and Recommendations to Various Authorities and Organizations:
1) Directions:
i) The court directed the police that when they receive any report about a missing girl, woman, or man, and the inquiry/investigation reveals that the case involves consenting adults from the LGBTQIA+ community, the police will terminate the case without harassing them after receiving their statements.
ii) The Ministry of Social Justice and Empowerment shall enlist all the NGOs along with all their details, that are working for the betterment of the community and publish such list on their official website.
iii) Any person from the community can approach the enlisted NGOs to seek assistance, relief or protection.
iv) The NGO shall maintain confidential records of the people approaching them and provide the MSJE with such records bi-annually.
v) Problems of the people shall be addressed with the best suited method according to the facts and circumstances of the case and the District Legal Services Authority shall support or assist the persons.
vi) Suitable accommodation facilities should be provided to people of the LGBTQIA+ community seeking shelter in the Anganwadi shelter and Garima Grih. The MSJE shall make adequate infrastructural arrangements for the same.
vii) Any measure that can help in reducing prejudices against the people of the community shall be taken in order to bring them to the mainstream.
2) Recommendations:
i) The police were advised to carry out awareness and sensitization programs in order to make the community aware of their rights and also discuss steps necessary for prevention of harassment and offences.
ii) Awareness programs for Judicial Officers at all levels was also suggested.
iii) Educational institutions were also recommended to carry out outreach programs for students and parents, ensure gender neutral washrooms be made, change of names and gender of transgender people in the records, inclusion of ‘transgender’ in the application form, appointment of LGBTQIA+ inclusive counsellors.
This Judgment has created a platform for the upbringing of the Queer community. Further, the Judgment has almost covered all the primary areas that Queer people face in society and measures for their security. The queer community should be thankful to Justice Anand Venkatesan for taking so much effort in drawing this Judgment and for keeping the current Petition open for addressing issues that may arise in future.
Comments