Madras HC judge takes counselling to understand same-sex relationships

In a country battling institutional indifference and prejudice, Justice Anand Venkatesh is an aberration, albeit a positive one.
(Photo | Pushkar V)
(Photo | Pushkar V)

CHENNAI: “Ignorance is no justification to normalise any form of discrimination,” Justice Anand Venkatesh of Madras High Court stressed. In a country battling institutional indifference and prejudice, Justice Anand Venkatesh is an aberration, albeit a positive one. He took a month-long counselling to better understand same-sex relationships before passing a judgment on the matter. On Monday, he issued a slew of guidelines to the State and Centre to protect the rights of LGBTQIA+ persons in consensual relationships. 

Recalling his upbringing and the society at large, Justice Anand Venkatesh observed that historically the terms ‘homosexuals’, ‘gays’, and ‘lesbians’ were always met with anathema. “Personally, I have never encountered an LBTQIA+ person, which is why I needed the counselling to better understand the matter,” he said before writing the judgment.

“Unlike regular litigations, the present case has given this court, not only an opportunity but also a vested responsibility to weigh the cause for inclusivity and justice against discrimination by bringing to the fore social understanding of morality and traditional notion.”

“That being said, I also felt that I remove the “Lordship’s” hat and instead wear the hat of the average commoner in the society, who have not given thought to understand or accept, who are attempting to understand, who totally refuse to understand or accept the LGBTQIA+ community. 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 normalising any discrimination,” he said.

The court said, " .....problem is not the fact that the law does not recognise a relationship but that the sanction that is accorded by the society is not available. It is only for this reason, I strongly feel that the change must take place at a societal level, and when it is complemented by law, there will be a remarkable change in the outlook of the society by recognising same-sex relationships...." The judge also observed, "Till the legislature comes up with an enactment, the LGBTQIA+ community cannot be left in a vulnerable atmosphere where there is no guarantee for their protection and safety. This gap is now sought to be filled in by way of issuing guidelines till law takes over and guarantees safety and protection."

The case pertains to two young women who fled their homes in Madurai and reached Chennai after their families opposed their relationship. Express had reported on March 19 how members of an NGO were harassed by the Madurai police for sheltering the lesbian couple. The women's parents had filed a kidnapping case. In an interim order, Justice Anand Venkatesh sought for changes to be brought in the entire system with a societal change required while approaching the subject of the LGBTIQ+ community.

Some of the significant directions in the 107-page order issued by the single-member bench included, "... the availability of gender-neutral restrooms for gender-nonconforming student; change of name and gender on academic records for transpersons; inclusion of 'transgender' in addition to M and F columns in application forms; appointment of counsellors, who are LGBTQIA+ inclusive, for the staff and students to address grievances, if any, and to provide effective solutions."

The court also called for educating parents on issues surrounding the LGBTQI+ community through Parents Teacher Association (PTA) meetings in schools. Also, necessary amendments to policies and resources be made to include students belonging to the community in school and college life, said the judge.

"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 their sexual orientation to heterosexual or the gender identity of transpersons to cisgender should be prohibited," the order said.

"Outreach programmes should be conducted by NGOs with community support to put forth first-hand problems faced at the hands of law enforcement agencies, and to train them in providing effective assistance. Ensure that transpersons and gender-nonconforming prisoners are housed separately from cis-men prisoners to eliminate chances of sexual assault by the latter," said the judge.

Related Stories

No stories found.
The New Indian Express
www.newindianexpress.com