-Report by Riddhi Dubey

Madras High Court on Conversion therapy says Conversion therapy should be prohibited. Actions should be taken against the concerned professional involving themselves in any form or method of conversion therapy.

Petitioner’s Contention

The petitioners are a lesbian couple from Madurai. Their parents who are opposing their relationship trying their best to separate the couple. The couple with the support extended by certain NGOs and persons belonging to the queer community-managed data to secure accommodation. They want to continue their education and were also looking for job opportunities meanwhile the parents had filed missing complaints of them. And they also felt the threat to their safety and security from their parents. So the couple filed Writ Petition seeking protection from their parents.

Respondent’s Contention

The parents of the lesbian couple are more concerned about the stigma attached to the relationship in society and the consequences that may ensue on their family. And they are also more concerned about the safety and security of their daughters. They even stated that they would prefer their daughters to a life of celibacy than being in a same-sex relationship.

Judgment

On 7th June Justice Anand Venkatesh has passed a landmark judgment giving direction and recommendation to prohibit the attempt to cure people medically and seeing the queer community problem as a medical issue. He pointed out that ignorance is no justification for normalizing any discrimination. He also suggested comprehensive measures to sensitize the society and various branches of the state including the Police and judiciary to remove prejudices against the queer society.

Key Highlights

  • In the above case to provide fairness and righteousness, Justice Anand Venkatesh himself took psychological counseling to understand the mindset and relationship of the queer community.
  • This Madras High Court prohibited Conversion therapy which is a big relief for the LGBT Community.
  • Tamil Nadu is set to become the first Indian state to ban ‘conversion therapy.

What expectation role was play by Justice Anand Venkatesh in the above matter?

Justice Anand Venkatesh revealed that he belonged to the majority one who had hesitation in accepting same-sex relationship completely and also revealed that he had voluntarily taken counseling with Vidya Dinakaran, a Psychologist, for understanding the subject of homosexuality to pass the correct judgment.

What measures and suggestions were issued?

  • Ensure availability of gender-neutral restrooms for the gender-nonconforming student.
  • Change of name and gender on academic records for transgender persons.
  • Inclusion of ‘transgender’ in addition to M and F gender columns in application forms for admission, competitive entrance exams, etc.
  • Appointment of counselors who are LGBTQIA+ inclusive, for the staff and students to address grievances, if any, and to provide effective solutions for the same.

What directions were given to the police authority?

The court directed police authority to hold programs for the protection and prevention of offences in the queer community. And other programmers for awareness.

The one who issues belongingness in the queer community. Who can they approach?

People who face such issues of belonging should approach any of the enlisted NGOs for protecting their rights and seek help from them.

On Monday Justice Madras HC Justice Anand Venkatesh expressed his thoughts on homosexual relationships. When the judge was ruling on a petition filed by two lesbian girls asking for protection from their parents who were against their homosexual relationship.

Justice Anand Venkatesh shared his thoughts on LGBT Community while giving direction in a petition filed by a lesbian couple. He revealed that he belongs to the majority one who had hesitation in accepting same-sex relationship completely and also revealed that he had voluntarily taken counseling with Vidya Dinakaran, a Psychologist, for understanding the subject of homosexuality to pass the correct judgment. He explained that how difficult it was on his part to pass judgment on this as he has never known anyone personally who was in such a relationship or had never experienced personally such relationship and that’s the reason he had taken counseling because it helped him to understand reality and emotions behind such homosexual relationship and made him realize that he to need to change his notion.

He said the present case has given this court, not only an opportunity but also a vested responsibility to weigh by cause for inclusivity and justice against discrimination by the heretofore social understanding of morality and notions of tradition. As he also said, “ignorance is no justification for normalizing any form of discrimination”

In the following petition, the court has also issued guidelines to ensure that the LGBT person is not harassed by police and authorities

  • The police, on compliance regarding girl/women/man missing cases which belong to the LGBT community, shall upon receipt of their statements, close the complaint without subjecting them to any harassment.
  • The Ministry of Social Justice & empowerment must list NGOs along with the address, contact details, and services provided shall be published and revised on the official website. And must be published within 8 weeks from the date of order.
  • If a person belonging to LGBT faces any issue may approach NGOs.
  • The NGOs in consultation with MSJE, must maintain the confidentiality of persons who are approaching
  • The problems relating to LGBT Community shall be addressed with the best-suited method depending upon the facts and circumstances of the case.
  • Changes should be made in existing stay homes to accommodate a member of the LGBT Community who requires shelters.
  • The Union and State Government shall endeavor to device such measures and policies for eliminating prejudice against LGBT Community.
  • And creating awareness, the court suggests sensitization programs.

-Report by Riddhi Dubey