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[BREAKING] Madras High Court bans medical attempts to cure sexual orientation; suggests changes to school curricula to educate students on LGBTQ
The Court also suggested comprehensive measures to sensitise the society and various branches of the State including Police and judiciary to remove prejudices against LGBTQIA+ community
LGBTQ, Madras HC
The Madras High Court has suggested comprehensive measures to sensitise the society and various branches of the State including Police and judiciary to remove prejudices against LGBTQIA+ community and to ensure that they are brought into the mainstream of the society (S Sushma v. Commissioner of Police).
Towards this end, the Court suggested that changes be made to curricula of schools and universities to educate students on understanding the LGBTQIA + community.
The Court also ordered strict action against those found to be indulging in attempts to cure/change sexual orientation.
The judgment was rendered by Justice N Anand Venkatesh on a plea by a lesbian couple seeking protection from their relatives.
Advocate S Manuraj appeared for the petitioners.
Some of the significant directions by the Court are as follows:
Educational institutions
- Parent Teachers Association (PTA) meetings should be used to sensitize parents on issues of LGBTQIA+ community and gender nonconforming students so as to ensure supportive families.
- Further, necessary amendment should be made to policies and resources to include students belonging to LGBTQIA+ community in all spheres of school and college life. In this regard, the following suggestions were issued:
1.Ensure availability of gender-neutral restrooms for the gender-nonconforming student.
2.Change of name and gender on academic records for transgender persons.
3. Inclusion of ‘transgender’ in addition to M and F gender columns in application forms for admission, competitive entrance exams, etc.
4. Appointment of counselors who are LGBTQIA+ inclusive, for the staffs and students to address grievances, if any, and to provide effective solutions for the same.
- In addition to the above, the appropriate government shall take effective steps to implement measures in relation to transgender persons as stipulated by Chapter VI of The Transgender Persons (Protection of Rights) Act 2019 and Rule 10 of the Transgender Persons (Protection of Rights) Rules, 2020.
Judiciary
Conduct awareness programmes for Judicial Officers at all levels in coordination with the enlisted NGOs and community support and to provide suggestions/ recommendations to ensure non-discrimination of persons belonging to the LGBTQIA+ community.
Police and Prison authorities
- Programs should be held at regular intervals on steps to be taken for protection from and prevention of offences against the LGBTQIA+ community.
- Conduct sensitization about legal rights of LGBTQIA+ community at regular intervals.
- Not limited to the above programs, sensitization programs are to be conducted for police personnel creating awareness about the Offences and Penalties as stipulated under Chapter VIII of The Transgender Persons (Protection of Rights) Act, 2019 and compliance of Rule 11 of the Transgender Persons (Protection of Rights) Rules, 2020.
- Outreach programs should be conducted by the NGOs with community support to put forth first-hand problems faced in the hands of law enforcement agencies, and to train them in providing effective assistance. Ensure that transgender and gender-nonconforming prisoners are housed separately from cis-men prisoners to eliminate chances of sexual assault by the latter on the former.
Physical and Mental Health Professionals
- Mental health camps and awareness programs should be conducted to understand gender, sexuality, sexual orientation and promote acceptance of diversity.
- Any attempts to medically “cure” or change the sexual orientation of LGBTIQA+ people to heterosexual or the gender identity of transgender people to cisgender should be prohibited.
- Action should be initiated against the concerned professional involving themselves in any form or method of conversion “therapy”, including withdrawal of license to practice
Besides the above the Court also issued the following interim directions:
A. The police, on receipt of any complaint regarding girl/woman/man missing cases which upon enquiry/ investigation is found to involve consenting adults belonging to the LGBTQIA+ community, shall upon receipt of their statements, close the complaint without subjecting them to any harassment.
B. The Ministry of Social Justice & Empowerment (MSJE), should enlist Non-Governmental Organizations (NGOs) including community-based groups which have sufficient expertise in handling the issues faced by the LGBTQIA+ community. The list of such NGOs along with the address, contact details, and services provided should be published and revised periodically on the official website. Such details should be published within eight weeks from the date of receipt of copy of this order.
C. Any person who faces an issue for the reason of their belongingness to the LGBTQIA+ community may approach any of the enlisted NGOs for safeguarding and protecting their rights.
D. The concerned NGO in consultation with the MSJE, shall maintain confidential records of such persons who approach the enlisted NGOs and the aggregate data shall be provided to the concerned Ministry bi-annually.
E. Such problems should be addressed with the best-suited method depending on the facts and circumstances of each case be it counselling, monetary support, legal assistance with the support of District Legal Services Authority, or to co-ordinate with law enforcement agencies about offenses committed against any persons belonging to the LGBTQIA+ community.
F. With specificity of issue of accommodation, suitable changes are to be made in existing short stay homes, Anganwadi shelters, and “garima greh” (a shelter home for transgender persons, the purpose of which is to provide shelter to transgender persons, with basic amenities like shelter, food, medical care and recreational facilities. Besides, it will provide support for capacity building/skill development of persons in the community, which will enable them to lead a life of dignity and respect) to accommodate any and every member of the LGBTQIA+ community, who require shelters and/or homes. The MSJE should make adequate infrastructural arrangements in this regard, within a period of 12 weeks from the date of receipt of copy of this order.
G. Such other measures that are needed for eliminating prejudices against the LGBTQIA+ community, and channelizing them back into the mainstream should also be taken up. The Union and State Governments respectively, in consultation with such other Ministries and/or Departments shall endeavour to device such measures and policies.
[Read Judgment]
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