LGBTQIA+ Community Sidelined For Far Too Long, High Time Govt Prioritizes Policies For Their Upliftment: Madras High Court

The Madras High Court was on Monday constrained to remark that persons belonging to the LGBTQIA+ community have been sidelined from the main society for a long period and it was high time that the government gives priority to implementing rules and policies for them.

The remarks were made by Justice Anand Venkatesh after the State sought 6 more months to come up with the final Transgender Policy.

This process has been going on for more than a year and it is not known as to why six months time is sought for to bring out the Transgender Policy and the rules under the 2019 Act, the Judge remarked at the outset.

The Government must bear in mind that persons belonging to LGBTQIA+community have been sidelined from the main stream of the Society for too long and it is high time that top priority is given to implement the policy and rules. If the Government is really willing and serious about the upliftment of persons belong to LGBTQIA+community, some urgency must be shown to finalise the policy and the rules. This Court expects the Government to appreciate the concern shown by this Court. 

The Court was hearing a plea moved by a lesbian couple seeking police protection from their family. The court had previously passed a series of directions in an attempt to remove the stigma associated with the community and to ensure welfare of the members of the community. 

When the matter was taken up recently, the Additional Advocate General informed the court that the State Government had published a glossary in the Tamil Nadu Government Gazette suggesting the terms for addressing members from the community. Since this glossary now had a statutory backing, it was henceforth mandatory that the members be addressed using the terms in the glossary. By doing so, an attempt was made to address persons belonging to LGBTQIA+ community with more dignity and respect. The court thus directed all concerned, including the press to take note of this notification and henceforth use such terms.

With respect to Transgender Persons (Protection of Rights) Rules and Transgender Policy, it was informed that instructions were received. Six months time was sought to finalise these policies. The court however, was not inclined to grant this time and suggested that the concerned secretary may file a status report on each hearing so that the court could take note of the progress made.

The standing counsel for the National Medical Commission informed the court that Expert Committee had already suggested the revised guidelines and the module to the National Medical Commission on psychiatric issues faced by the LGBTQ+ community. The court directed the counsel to get instructions on whether any communication in this regard was made to the Medical Colleges / Medical Institutions /Medical Universities/Medical Education Boards. The court also directed the counsel to file a status report on the steps taken by the NMC in compliance with the previous orders of the court.

Significantly, the Court was informed by the Ministry of Social Justice and Empowerment that it has no experience with the NGOs who are active in the field of welfare of LGBTQIA+ community and was providing financial assistance only to those CBOs working for Transgender persons. However, the court expressed its displeasure and directed that the Ministry must make sure that the NGOs working for the upliftment of LGBTQ+ community are properly empanelled. 

The 10th respondent seems to be under the mistaken understanding that welfare of Transgender persons will not cover the persons belonging to LGBTQIA+ community. The persons belonging to this community are sidelined by this society and they require societal empowerment. The 10th respondent should give the business rules a purposive meaning and understanding and it is very much within the jurisdiction of the 10th respondent to enlist NGOs, who are working for the welfare of persons belonging to LGBTQIA+ community. The 10th respondent is directed to take up the issue seriously since the NGOs, who are working for the upliftment of the LGBTQIA+ community must be properly empanelled and they must come within the control of the 10th respondent in order to ensure accountability

The court thus directed the counsel to file a status report on the next hearing with respect to the steps taken to ensure compliance. The matter has been further posted to 2nd September 2022.