Policy For LGBTQIA+ Community Will Be Finalized & Published In Three Months: TN Govt Tells High Court

Upasana Sajeev

10 Dec 2022 10:45 AM IST

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Policy For LGBTQIA+ Community Will Be Finalized & Published In Three Months: TN Govt Tells High Court

The Tamil Nadu government on Friday informed the Madras High Court that it was in the process of finalising a policy for the LGBTQIA+ community. This policy is a first in the country as no State has yet come forward with policies for the well being of the LGBTQIA+ community. Although many states, including Tamil Nadu have policies for the welfare of Transgender community, this is the first time...

The status report in this regard was submitted before a bench of Justice Anand Venkatesh on Friday. The bench has been passing 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.

Additional Advocate General S Silambanan also informed the court that Draft Rules for Tamilnadu Transgender Persons (Protection of Rights) Rules, 2022 has already been notified and the same has been forwarded for approval by the Law Department. These rules would then be notified in the official Gazette and would come into effect.

It was also submitted that the State Planning Commission had presented the draft policy for LGBTQIA+ community to the Chief Minister and it had been forwarded to the concerned department for further action. There was continuous follow up and Director of Social Welfare had been convening meetings with the stakeholders. The state further sought a time of 3 months for completing this exercise.

Marking it's appreciation for the steps taken by the State, the court observed as under,

the Government of Tamil Nadu is taking sincere efforts to address the issues faced by the transgender community and the LGBTQIA+ community at large and the same is evident from various steps taken by the Government. One such effective step that was taken by the State Government was to bring the Rules which were framed under Section 22(1) of the Central Act, 2019, effective from the end of this month.

The court thus granted 3 months time to the State to finalize the policy for the LGBTQIA+ community.

Sensitisation in Schools

The Commissioner of School Education, by was of a status report also informed the court that steps were taken to create awareness among students about transgender persons and LGBTQIA+ community as a whole. Steps were also taken to bring this awareness into the school curriculum.

The AAG further submitted that over one lakh teachers were given training about the peculiarities of persons belonging to LGBTQIA+ community.

It was also submitted that gender-neutral restrooms were being made available for gender non-confirming students. In application forms, a separate column was being added for students belonging to LGBTQIA+ community to mention their sex.

Appreciating these initiatives, the court noted,

The effective steps that have been taken by the Commissionerate of School Education, deserves the appreciation of this Court. This Court further expects the Commissionerate of School Education to continue with the training and not to make it a one time affair.

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

Case No: WP /7284/2021 (Gen.Crim.)

Policy For LGBTQIA+ Community Will Be Finalized & Published In Three Months: TN Govt Tells High Court

Upasana Sajeev

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