In what could be termed as a heartening news for the LGBTQIA + community in India in the Pride Month, the Madras High Court, on Monday, has come out with a set of guidelines to sensitise society, including education institutions, police and judiciary, and eliminate prejudices against the members of the community.
Justice N. Anand Venkatesh, hearing a petition from a same-sex couple, rendered the judgement, issuing strict action against those trying to "change" or "cure" sexual orientation of LGBTQIA + people.
It is to be noted that a few days ago, Justice Venkatesh had decided to "subject" himself to psycho-education regarding same-sex relationship, saying such a move will help him better understand the concept and write an order where the "words will fall from my heart." The case pertains to petition from two women, in a live-in relationship, seeking protection for their living together without any disturbance from their respective parents.
The court suggested that there should be changes made in the curricula of both schools and colleges to help students to have a better understanding of the LGBTQIA + community members.
The court said parent teachers association (PTA) meetings should be used to sensitise parents about gender nonconforming students and the LGBTQIA+ community to help them be more supportive.
There should be necessary changes made in policies to make schools and universities more inclusive, including ensuring availability of gender-neutral restrooms, change of name and gender in school/college records for transgender persons, addition of 'transgender' apart from 'M' and 'F' gender columns in various application forums.
Besides, the court suggested that counselors who are LGBTQIA+ inclusive should be appointed in educational institutions to address grievances of students. It also asked the government to take steps to implement provisions stipulated under Chapter VI of The Transgender Persons (Protection of Rights) Act 2019 and Rule 10 of the Transgender Persons (Protection of Rights) Rules, 2020.
Justice Venkatesh, who wanted to be fully "woke" on the issue before delivering his judgement, said awareness programmes should be held for judicial officers at all levels to ensure people belonging to the LGBTQIA+ community do not face any discrimination.
Programmes should be held on steps to be taken to protect persons belonging to the community from offences, and there should be sensitivity workshops about legal rights of LGBTQIA+ community. There should also be sensitisation programmes held for police personnel on offences and penalties as stipulated under Chapter VIII of The Transgender Persons (Protection of Rights) Act, 2019 and compliance of Rule 11 of the Transgender Persons (Protection of Rights) Rules, 2020.
The court warned against attempts to "medically cure" sexual orientation of LGBTIQA+ people and "conversion therapy" to change them.
The HC proposed that mental health camps and awareness programmes should be held to promote acceptance of LGBTIQA+ people and help others to understand their gender, sexuality and sexual orientation.
The court directed that if the police come across complaints against consenting adults belonging to LGBTIQA+ community being together, the latter should not be subjected to any harassment, but the cases against them should be closed.
Steps should be taken to eliminate prejudices against the members of LGBTQIA+ community and there should be initiatives to bring them back into the mainstream society, the court said.