“Ignorance is no justification to normalise discrimination”: Madras HC Judge on a welcome judgement for LGBTQIA+
Current Affairs
In a laudable and opportune judgement passed by the Madras High Court yesterday, Justice N Anand Venkatesh captured the perspective of the society towards same-sex relationships and how he himself had to get over his prejudices to understand the issue.
The court also suggested comprehensive measures to sensitise the society and state branches towards the LGBTQIA+ community.
Context
On April 29, 2021, while hearing a plea by a lesbian couple from Madurai seeking protection from their parents, Justice N Anand Venkatesh had sought an educational session with a psychologist to better understand same-sex relationships before passing a judgement.
On June 7, the HC ordered strict action against those found to be indulging in attempts to ‘cure/change’ sexual orientation. Sensitisation and awareness programmes have also been suggested for students, judiciary, police etc.
“I have no hesitation in accepting that I too belong to the majority of commoners who are yet to comprehend homosexuality completely. Ignorance is no justification for normalizing any form of discrimination” - Justice N Anand Venkatesh
In the judgement, he noted that it is difficult for an individual to understand what they haven’t experienced themselves. The society has also treated terms like “homosexual’, “gay”, “lesbian” as ‘anathema’ and deemed this subject as ‘unfit’ or ‘improper’, thus thriving on ignorance.
Some notable directions by the Court
Judiciary
Awareness programmes to be conducted for all levels of judiciary with the help of enlisted NGOs. This will help provide recommendations to ensure non-discrimination of members belonging to the LGBTQIA+ community.
Educational institutions
Changes in the curricula to educate students on understanding the LGBTQIA+ community
PTA meetings to be used to sensitize parents about gender-nonconforming students to ensure supportive families
Necessary amendments to policies and resources to ensure inclusivity like availability of gender-neutral restrooms, inclusion of ‘transgender’ as a gender option in application forms and appointment of LGBTQIA+ inclusive counselors to hear grievances and promote inclusivity.
Police and prison authorities
Sensitization about legal rights of the LGBTQIA+ community
Programs at regular intervals on steps to be taken for protection from and prevention of offenses against the LGBTQIA+ community
Ensuring housing of transgender and gender-nonconforming prisoners separately from cis-men prisoners to eliminate chances of sexual assault by the latter on the former.
Sensitization programs to be conducted for police personnel creating awareness about offences and penalties under the Transgender Persons Act, 2019
Physical and mental health professionals
Mental health camps and awareness programs to be conducted to improve understanding of gender, sexuality, sexual orientation and promote inclusivity
Legal action (including withdrawal of license) should be taken against any professional indulging in any form of ‘conversion’ therapy and attempting to ‘cure’ members of the LGBTQIA+ community
While most of these suggestions may seem obvious to some, they require law and enforcement for some others to even begin to acknowledge the rights of the LGBTQIA+ community.
Just as Justice Venkatesh attempted, it requires a greater effort by society, in general, to educate and sensitise themselves on this subject matter.
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