'Transgenders Only A Fraction Of LGBTQIA+': Madras HC Directs Extension Of Shelter Home Scheme To All, Requests Media To Follow Draft Glossary For The Community

A single-judge bench of Justice N. Anand Venkatesh made this direction while perusing the status reports filed by the Ministry of Social Justice & Empowerment, pursuant to a slew of guidelines in a judgment dated 7^th June to ensure the protection of LGBTQIA+ persons in consensual relationships from police harassment.

The senior panel counsel submitted that the scheme covers only those persons who fall under the category of "transgender persons".  After examining the Government's proposal for Garima Greh: Shelter Home for Transgender Persons, the court observed that the welfare scheme would become wholesome and non-discriminative only when its benefits are extended to the entire LGBTQIA+ community. The court also pointed out that LGBTQIA+ Community does not have any support from their families or their societies. In such a situation, the government welfare schemes are their 'only ray of hope', the court remarked.

"In the considered view of this Court, transgender persons are only a fraction of the entire LGBTQIA+ community. The benefit under the scheme has to be extended to the entire LGBTQIA+ community and must not be confined only to transgender persons. The Ministry of Social Justice and Empowerment shall take this into consideration and enlarge the scope of this scheme to all persons from the LGBTQIA+ community. Only then can it be considered as a wholesome and non-discriminative welfare scheme benefitting persons who otherwise are being marginalised in the society", observed Madras High Court.

On the occasion, the petitioner counsel also circulated a standardised guide in Tamil with English explanations that could be used by the press and media while addressing members of the LGBTQIA+ Community and their issues.

Taking note of the same, Justice N. Anand Venkatesh instructed Additional Advocate General to forward it to the Tamil Nadu Government. According to the court, Government publishing a prospective glossary of words and expressions for addressing members of LGBTQIA+ Community would have more force while implementing it. The State Government is also expected to place the prospective glossary before the court by the next date of hearing.

"In the meantime, this Court wants to make an earnest request to the press and media to take into consideration the words and expressions mentioned herein above, to be used while addressing persons belonging to the LGBTQIA+ community. If these words and expressions are used regularly, it will become a common practice and that will pave way for a dignified identify for persons belonging to this community", the court remarked about the draft guide submitted by the petitioner counsel before concluding.

The State Public Prosecutor has also ensured the court that the proposed amendment to the Tamil Nadu Subordinate Police Officer's Conduct Rules, 1964 will be made at the earliest. On the last date of the hearing, the court was informed that the state government will soon decide about incorporating Rule 24-C in the Conduct Rules to prevent police harassment of LGBTQIA+ Community.

The developments come in a protection plea filed by a Lesbian couple facing police harassment, and pursuant to a slew of guidelines issued by the High Court in June this year to ensure the protection of LGBTQIA+ persons in consensual relationships.

The Court had also issued a host of directions against police harassment, insensitive media reportage in matters pertaining to the LGBTQIA+ community, insensitive terminology in medical textbooks regarding the LGBTQIA+ community, etc.

Status Reports Filed & Court's Observations

Ministry of Social Justice & Empowerment

At the outset, the Ministry of Social Justice & Welfare submitted that Garima Greh shelter homes are already set up in some states like Delhi and Gujarat. They are maintained by Transgender Community Based Organisations(CBOs). The report also added that the Ministry has so far released the first grant for 12 Garima Grehs to secure peaceful living and medical aid. Garima Grehs will also be instrumental in providing other amenities like skill development programs and counselling services for transgenders. It also added that the proposals for the second grant is currently being processed.

It was also submitted that active measures are taken to ensure that there atleast one Garima Greh under "Support for Marginalised Individuals for Livelihood and Enterprise (SMILE) scheme" in each state. Additionally, the proposal of Garima Greh will also be called online through the e-anudaan portal and the SMILE Scheme guidelines are under formulation, added the counsel. It was also informed that details of CBOs/ NGOs who are beneficiaries of Ministry funds for setting up and maintaining Garima Grehs have been published in the Website.

However, the court noted that the Ministry has not yet enlisted the NGOs that work for LGBTQIA+ welfare, along with their address, contact details and services provided.

"It is crucial to properly enlist the NGOs that work for the welfare of the LGBTQIA+ community. Unless this process is undertaken, LGBTQIA+ persons run the risk of abuse and threat amidst other hardships. Therefore, this Court expects the Ministry of Social Justice and Empowerment to complete the process of enlisting the NGOs with all details and upload the same on their website before the next date of hearing."

NCERT

On the last occasion, the court had expressed its dismay and anguish on the taking down of National Council Of Educational Research And Training (NCERT) Report on gender non-conforming and transgender children from its Official Website.

However, NCERT has disagreed now with the notion that the report titled 'Inclusion of Transgender Children in School Education: Concerns and Roadmap' was taken down because of external pressure.

Deputy Secretary of NCERT submitted that since the training material was supposed to undergo a three-step review process and the uploaded document was not in the desired format, it was redacted in whole. NCERT also expressed the hope that the training module could be rolled out in the beginning of next academic year after due stakeholder consultations.

"The training material titled "Inclusion of Transgender Children in School Education: Concerns and Roadmap" which was uploaded on 6th September, 2021 on the NCERT website was only a Draft Training Material and was yet to be reviewed, finalised and duly approved by the Competent Authority, NCERT and when it was found that the uploaded "Training Programme" was yet be reviewed, finalized and duly approved by Competent Authority, the same was removed by NCERT on 01.11.2021. from the NCERT's website, after 56 days", the status report by NCERT states.

The court underscored that it expects NCERT to roll out the training material by next academic year. It has also directed NCERT to submit status report based on the stage of review process on next date of hearing.

National Medical Commission

National Medical Commission submitted that it has constituted an expert committee to look into the concerns expressed by the court about the terminologies used in Competency-Based Under Graduate Curriculum (CBME).

The court expressed the hope that NMC will finalise the revised CBME curriculum soon and make it operational from atleast next academic year.

"…These small steps taken by the statutory bodies will repose a lot of confidence to persons belonging to the LGBTQIA+ community. Hence, the NMC shall file a status report in this regard during the next date of hearing", the court remarked.

Welfare Schemes For Transgenders

Additional Advocate General for the state submitted a written note consisting of a tabular column that mentions the number of transgenders surveyed, aid given in terms of sewing machines, identity cards, health insurance cards, housing allowances, house pattas, ration cards and education assistance. In addition to skill training programs for Thirunangaigal (transwomen), it was also submitted that those who are unable to earn their livelihood are given a monthly financial aid of Rs.1000/- and a budget of Rs.1.50/- crores has been allocated for the latter.

The state also submitted that Rules under the Transgender Persons (Protection of Rights) Act, 2019 ("Transgender Act") are being formulated and it shall cover all welfare measures inclusive of their education, employment, security, livelihood and rehabilitation.

Similarly, Legal Services Authority submitted that it has decided to amend the "Calendar of activities",  suggesting 6 Special Programmes a year on Transgenders and LGBTQIA Community as well as conducting sensitisation programmes for the public. These activities, as per the court' suggestions, will be carried out by three trained panel advocates in each District who will act as resource persons.

It was also submitted that 5 legal aid clinics for LGBTQIA+ to rely on was functional and even transgenders have been roped in as paralegal volunteers in some of these places. Legal Services Authority also added that they have reached out to over 9,000 transgenders and conducted legal awareness programs.

The matter has been posted for filing further report on 18^th February, 2022.

Case Title: S. Sushma & Anr. v Commissioner of Police & Ors.

Case No: W.P.No.7284 of 2021

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