Madras High Court Sets Judgement on Inclusion of LGBTQIA+ Individuals

Written by: Anuska Roy 

The Madras High Court has laid down a set of expansive guidelines to protect embers of the LGBQIAP+ community against discrimination on the 7th of June. Among other major pointers, Justice N Anand Venkatesh spoke about barring the practice of “conversion therapy” that aims to alter queer individual’s “gender identity of transgender people to cis-gender.” The court was in hearing for a lesbian couple fleeing from Madurai. The court also laid down directives to close any missing persons report for consenting adults from the LGBTQIAP+ community. Moreover, the judgement instructed angadwadis to function as shelters for trans-gender people. Consequently, angadwadis are also to hold awareness programs for prison officials, judges, teachers and parents interacting with members from the queer community.

Furthermore, the directives were expansive in terms of including an array of inclusive policies with regards to infrastructure as well as educative programs. These included building of gender-neutral washrooms, training courses for health care workers and building a more inclusive college curriculum. The directives said, “This court expects the departments/authorities … to implement these guidelines … not for the sake of complying with a judicial fiat but to ensure that this society evolves, and the LGBTQIA+ community is not pushed out of the mainstream.”

The judgement from the Madras High Court came two years after the historic Supreme Court judgement that struck down Article 377. The Supreme Court judgement decriminalised consensual sexual relations between members of the same sex. The judgement came as a landmark victory for members belonging to the queer community. The recent judgement was a step forward in the same direction with larger and more inclusive guidelines set in place.

Madras High Court’s Guidelines

Furthermore, the court had also called for an extensive list of NGOs for safeguarding the rights of LGBTQIAP+ people. The High Court had asked the Ministry of Social Justice and Empowerment to curate this list of support groups and NGOs. “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,” was said by the Madras High Court. Moreover, these NGOs were directed to maintain strict confidentiality of all those reaching out to them for help.

The Court also asked angadwadis to make sufficient arrangement for transgender persons and queer persons to use as short-stay homes. The necessary infrastructural changes will have to be made within the span of 12 weeks. Necessary awareness programs are also to be conducted by angadwadis. Furthermore, the court has also asked stakeholders to channelize efforts into removing all prejudices against members of the LGBTQIAP+ community.

Madras High Court has also laid down directives that penalise all those claiming to “cure” members of the queer community. All such conversion practices are to be banned. The Court directed authorities to cancel the license of any professionals claiming to be involved in such malpractices.

Conclusion

The Madras High Court spoke about the importance of building narratives and start conversation around this issue. They hope to build awareness and knowledge around this issue. The High Court said, “This is more so since people, especially the present generation have started talking more about it and they are desperately wanting to find a solution at least to the extent that persons of the LGBTQIA+ community are left to live peacefully.”

The relevant authorities are to file reports on the interim steps taken to the Union of India and other Central Government Departments and Institutions before. This is to ensure the directives laid down right now are being followed. The Court has also given 31st August, 2021 as the next date for hearing on this matter.

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