'More Dignified And Inclusive': Madras HC Gives Preference To Community's Tamil LGBTQIA+ Glossary Over State Govt's; Lauds State Govt's Efforts

In a significant development, the Madras High Court on Monday published in its order a Tamil glossary of LGBTQIA+ terms prepared by queer communities and individuals and further underscored that the Court preferred this list of terms compared to the one presented by the Tamil Nadu government. 

Justice N. Anand Venkatesh had earlier accepted the standardised guidelines/ prospective glossary submitted by the state government for referring to LGBTQIA+ persons and had instructed the press/ media to follow the glossary in letter and spirit. The Court was perusing the status reports filed by State Government pursuant to a slew of guidelines issued in a judgment dated June 7 to ensure the protection of LGBTQIA+ persons in consensual relationships, from police harassment.

On Monday, Justice Venkatesh observed that the alternative glossary depicts the persons belonging to the LGBTQIA+ community in a more dignified and inclusive manner. Accordingly, he observed, 

"After the Order was dictated in the open court, representatives from the community took exception to some of the terms and definitions used in the glossary submitted by the Department. They presented an alternative glossary and requested me to consider implementing the same. I carefully went through the alternative glossary that was submitted and found that the alternative glossary depicts the persons belonging to the LGBTQ+ community in a more dignified and inclusive manner."

The Court further observed that the whole purpose of creating this glossary is to use the appropriate words, terms and expressions while addressing the persons belonging to the LGBTQ+ community and such usage should not continue to derogate them in any manner. Directing that the alternate glossary submitted by stakeholders should be given more preference, the Court further observed, 

"Hence, I decided to give preference to the alternative glossary submitted to me by the members and stakeholders from the LGBTQ+ community."

Justice Venkatesh further directed the press and media (in all forms) to henceforth use the words contained in the alternate glossary while addressing persons belonging to LGBTQIA+ community.

"This Court wants to reiterate its confidence in the press and media, and sincerely hopes that the direction given by this Court will be followed in letter and spirit. The Department of Social Welfare and Women Empowerment is directed to publish a fresh glossary in line with the suggestions made by the members and stakeholders from the LGBTQ+ community", the Court instructed further. 

The community's glossary has been put together by Queer Chennai Chronicles (QCC), Orinam, The News Minute and other individual contributors. The alternative glossary has  a list of 28 terms in English and Tamil, following the SOGIESC (Sexual Orientation, Gender Identity and Expression, and Sex Characteristics) framework. The glossary offers Tamil terms that are dignified and used by the community — like thirunar (திருநர்) for transgender persons; paalpudhumaiyinar (பால்புதுடமயினர்) for queer persons; adhikka palinam (ஆதிக்க பாலினம்) for cisgender; magizhvan (மகிழ்ென்) for a gay man; etc. The Tamil glossary includes terms for intersex, genderfluid, pansexual, as well as explanations and phrases for gender dysphoria, coming out, conversion therapy and romantic orientation, among others.  

The Court also lauded the State government for taking steps to address the issues faced by the LGBTQIA+ community. The Court also appreciated the amendment introduced to the Tamil Nadu Subordinate Police Conduct Rules, 1964 prohibiting police officers from harassing LGBTQIA+ persons as well as persons working for the welfare of the community. The amendment was introduced after the High Court directed the State to do so in August 2021.

"For the first time in India, the State Government has consciously addressed all the persons belonging to the LGBTQIA+ community. This indicates growing awareness in addressing all persons belonging to this community instead of using the terms "transgender" or "thirunangaigal" as an umbrella term for the entire community", Justice Venkatesh observed further. 

The Court further directed the Tamil Nadu State Medical Council to take appropriate action against those indulging in conversion therapy of LGBTQIA+ persons, in accordance with existing rules. Reliance was also applied on a report by an expert committee that addressed the use of offensive and unscientific terms for the LGBTQIA+ community in the existing Competency-Based Medical Education (CBME) curriculum. It was stipulated in the report that conversion therapy should be construed as professional misconduct on the part of medical professionals under Chapter VII of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.

"The Tamil Nadu State Medical Council is suo-motu impleaded as the 24th respondent in this Writ Petition. Mr.G.Sankaran, learned Standing Counsel for Tamil Nadu Medical Council takes notice. The 24th respondent shall take note of the recommendations made by the expert committee and wherever any complaint is received with regard to "conversion therapy", appropriate action shall be taken in accordance with the existing rules", the Court directed further. 

The Court also issued a direction to the National Medical Council to immediately circulate the report of the expert committee and the recommendations made to all the state medical councils across the country.

The status reports filed before the Court enumerated the following developments, 

1. The  Ministry of of Women Affairs had issued a communication with guidelines for proper treatment and care of transgender persons in prisons. 

2. The Additional Advocate General sought more time to place before the Court a Transgender Policy. He stated that a draft of the same was prepared, circulated to all stakeholders and suggestions were invited.

3. The Government was also given a final opportunity to comply with the direction to complete enlisting the NGOs with all the details and upload the same on the Department of Social Justice and Empowerment website.

4. With regard to the NCERT manual on trans inclusion, the High Court stressed that the body's undertaking that training modules would be issued by the next academic session, shall be adhered to.

The matter is slated to be heard next on April 8. 

Case Title: Mrs S. Sushma & Ors. v. The Director-General of Police & Ors.

Citation: 2022 LiveLaw (Mad) 68

Click Here To Read/Download Order