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Madras HC landmark ruling on LGBTQ protection, says ignorance no justification for discrimination

The court, in its directives, suggested comprehensive measures to sensitise the society and various branches of the state, including police and judiciary, to remove prejudices against the LGBTQIA+ community. 
 

Madras HC landmark ruling on LGBTQ protection, says ignorance no justification for discrimination-VPN
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Chennai, First Published Jun 7, 2021, 3:38 PM IST

The Madras High Court on Monday issued a number of directives to protect the LGBTQIA community, including a ban on medical attempts to cure sexual orientation and changes in school curricula to educate and increase awareness among students on the LGBTQ community.

Justice N Anand Venkatesh directed strict action against those found to be indulging in attempts to cure/change sexual orientation.

The court, in its directives, also suggested comprehensive measures to sensitise the society and various branches of the state, including police and judiciary, to remove prejudices against the LGBTQIA+ (Lesbian, Gay, Bisexual, Transgender, Queer and/or Questioning, Intersex, and Asexual and/or Ally) community. 

The directives came while Justice N Anand Venkatesh was considering a writ petition filed by two lesbians against police harassment.

"Till the legislature comes up with an enactment, the LGBTQIA+ community cannot remain in a vulnerable atmosphere where there is no guarantee for their protection and safety. This gap is now sought to be filled in by issuing guidelines until the law takes over and guarantees safety and protection," the court said. 

The court noted that ignorance is no justification for normalising any form of discrimination.

Suggesting remedial measures, the court directed the Ministry of Social Justice and Empowerment to enlist NGOs, including community-based groups, which have sufficient expertise in handling the issues faced by the LGBTQIA+ community. Any individual who encounters a problem for their belongingness to the LGBTQIA+ community should be able to approach any of these enlisted NGOs to safeguard and protect their rights. 

The court directed the police that on receipt of any complaint regarding missing cases which after the investigation is found to involve consenting adults belonging to the LGBTQIA+ community, will close the complaint after taking their statements without subjecting them to any harassment.

Educational institutions

Justice N Anand Venkatesh said that effective changes have to be made in the curricula of schools and universities to educate students on understanding the LGBTQIA+community. He also directed the NCERT, Tamil Nadu Education department, UGC and AICTE to sensitise parents on the issues of the LGBTQIA+ community through Parents-Teacher Association (PTA) meetings. 

He also directed the departments to ensure the availability of gender-neutral restrooms for the gender-nonconforming student, change of name and gender on academic records for transgender persons and inclusion of 'transgender' in addition to M and F gender columns in application forms for admissions and competitive exams.

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