THE HUMANE TOUCH
The Madras Court has consciously refrained from adopting the usual course of disposing of cases of this nature that knocked the doors of the institution. The crux of the case is as follows. The Petitioners, a lesbian couple whose relationship was being opposed by their parents who fled to Chennai from their respective houses in Madurai.
Justice Anand Venkatesh observed that, unlike other cases, this case gave the court an opportunity and responsibility to weigh in on inclusiveness, justice against discrimination. In a significant outcome for the LGBTQIA (Lesbian, Gay, Bisexual, Transgender, Queer and/or Questioning, Intersex, and Asexual and/or Ally) community, the Madras High Court on Monday issued directions for protecting them from harassment by authorities and other major stakeholders in society.
In a detailed order, Justice N Anand Venkatesh has outlined the sensitization programs that need to be undertaken by the police, legal authorities, judiciary, educational institutions, workplaces, parents in issues pertaining to the LGBTQIA community. Some of the significant interim guidelines issued by the Madras High Court include measures to create awareness about the community by conducting sensitization programmes by respective governments to eliminate prejudices against the community and channelize them into the mainstream.
In terms of addressing the issues, the court said that via counselling, monetary support, legal assistance with the support of District Legal Services Authority, or by coordinating with law enforcement agencies about offences committed against any persons belonging to the LGBTQIA+ community can be addressed.
10….. I also felt that I remove the “Lordship’s” hat and instead wear the hat of the average commoner in the society, who have not given thought to understand or accept, who are attempting to understand, who totally refuse to understand or accept the LGBTQIA+ community.
“12. To begin with, if someone had approached me saying that they are attracted to or are in a relationship with a person of the opposite sex, I would have had no difficulty in understanding them, since I have experienced the same personally. Similarly, I would have probably had no difficulty in understanding or sharing someone’s happiness, joy or anguish and sadness. This is because, I have personally experienced those emotions as well. Such parallels can be drawn endlessly. I have never personally known homosexual persons, and ‘what do any other know about the shoes he has never walked’, for I have not walked in their shoes. The society and my upbringing have always treated the terms “homosexual”, “gay”, “lesbian” as anathema. A majority of the society would stand in the same position of ignorance and preconceived notions. I have, at the best, read or come across people talking about the LGBTQIA+ community, but not to an extent where it made a positive impact on me or influenced me.“
The Court said, regarding the issue of accommodation, suitable changes are to be made in existing short stay homes, Anganwadi shelters, and “garima greh” (a shelter home for transgender persons, that offers basic amenities like shelter, food, medical care and recreational facilities and skill development for dignified life).
In the advice for parents, it is mentioned that they must be understanding and accepting children of diverse gender expressions, sexual orientation, gender identities and gender presentation while providing peer support for parents of such children.
Most importantly, the court has called for a change in curricula of schools and universities to educate students on understanding the LGBTQIA+ community. This includes conducting outreach programs involving the community and NGOs, sensitizing parents via PTA meetings to be supportive of gender-nonconforming students. Some additional steps include adding the third gender in application forms, change of gender and name for transgender persons, ensure availability of gender-neutral restrooms.
For workplaces, the court has said that suitable changes must be made in hiring policies for inclusivity, provide support in case of grievances, extend benefits such as insurance, ensure policies to prevent discrimination etc.
INTERIM DIRECTIONS
A.The police, on receipt of any complaint regarding girl/woman/man missing cases which upon enquiry/investigation is found to involve consenting adults belonging to the LGBTQIA+ community, shall upon receipt of their statements, close the complaint without subjecting them to any harassment.
B.The Ministry of Social Justice & Empowerment (MSJE), has to enlist Non-Governmental Organizations (NGOs) including community-based groups which have sufficient expertise in handling the issues faced by the LGBTQIA+ community. The list of such NGOs along with the address, contact details, and services provided shall be published and revised periodically on the official website. Such details shall be published within 8 weeks from the date of receipt of copy of this order.
C.Any person who faces an issue for the reason of their belongingness to the LGBTQIA+ community may approach any of the enlisted NGOs for safeguarding and protecting their rights.
D.The concerned NGO in consultation with the MSJE, shall maintain confidential records of such persons who approach the enlisted NGOs and the aggregate data shall be provided to the concerned Ministry bi-annually.
E.Such problems shall be addressed with the best-suited method depending on the facts and circumstances of each case be it counselling, monetary support, legal assistance with the support of District Legal Services Authority, or to co-ordinate with law enforcement agencies about offenses committed against any persons belonging to the LGBTQIA+ community.
F.With specificity of issue of accommodation, suitable changes are to be made in existing short stay homes, Anganwadi shelters, and “garima greh” (a shelter home for transgender persons, the purpose of which is to provide shelter to transgender persons, with basic amenities like shelter, food, medical care and recreational facilities. Besides, it will provide support for capacitybuilding/ skill development of persons in the community, which will enable them to lead a life of dignity and respect) to accommodate any and every member of the LGBTQIA+ community, who require shelters and/or homes. The MSJE shall make adequate infrastructural arrangements in this regard, within a period of 12 weeks from the date of receipt of copy of this order.
G. Such other measures that are needed for eliminating prejudices against the LGBTQIA+ community, and channelizing them back into the mainstream shall also be taken up. The Union and State Governments respectively, in consultation with such other Ministries and/or Departments shall endeavour to device such measures and policies.
H.For the sake of creating awareness, this Court is suggesting the following sensitization programs to be conducted by the concerned Ministry of the Union/State Government(s). This list is only indicative and not exhaustive.
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