'Eliminate Prejudices, Stop Medical Cure': Madras HC Issues Guidelines For Recognition Of LGBTQIA

The guidelines included those related to accommodation, state, and central governments coming up with policies and measures for eliminating prejudice against the LGBTQIA and sensitisation and awareness programmes.

Madras HC (File Photo)

Chennai: The Madras High Court issued guidelines on Monday for the Central and State governments to follow in order for society to recognize lesbian, gay, bisexual, transgender, queer, intersex, and asexual people.

The change must occur at the societal level, and when it is accompanied by legislation, there will be a significant change in the society's outlook by recognizing same-sex relationships, according to Justice N Anand Venkatesh.

The guidelines covered topics such as accommodation, state and federal governments developing policies and measures to eliminate prejudice against LGBTQIA, and sensitization and awareness campaigns.

Any attempt to "cure" or change the sexual orientation of LGBTIQA+ people through medical means is prohibited.

Changes will be made to school and university curricula to educate students about LGBTQIA. The term transgender, in addition to the Male and Female gender columns, will be included in application forms for various purposes, according to the court.

The judge was making decisions on a writ petition that refocused attention on the need for de-stigmatization and acceptance of such people by society.

The judge had extensive discussions with experts well in advance of issuing orders to sensitise himself to the issues confronting the LGBTQIA+ community.

The judge had also sent for counseling the parents of the petitioners who were of the same-sex orientation. However, the judge stated that it did not produce the desired result.

The petitioners, two young lesbian women who fled Madurai and were living here with the help of an organisation, asked the court to order police not to harass them.

They also sought protection from their respective parents from any threat or danger to them.

In his verdict, the judge expected the state and central authorities to implement the guidelines in letter and spirit, not to comply with a judicial order, but to ensure that society evolved and the LGBTQIA+ community was not pushed out of society's mainstream.

Following a complaint and an investigation, if police discover that the people involved in the complaint - men or women - were consenting adults from the LGBTQIA+ community, they must close the complaint after receiving their statements and without harassing them.

Complete information, including contact information, on NGOs with expertise on LGBTQIA issues, should be hosted on the website of the Union Ministry of Social Justice and Empowerment and updated on a regular basis.