Madras HC against medical cure or change to LGBTIQAs' sexual orientation

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The Madras High Court on Monday weighed against attempts to medically "cure" or change the sexual orientation of LGBTIQA people to heterosexual or the gender identity of transgender people to cisgender.

It also suggested action against professionals, involving themselves in any form or method of "conversion therapy", including withdrawal of license to practice.

The court also suggested conduct of awareness programmes for judicial officers at all levels in coordination with enlisted NGOs and community support and to provide suggestions/recommendations to ensure non-discrimination of persons belonging to the LGBTQIA (Lesbian, Gay, Bisexual, Transgender, Queer and/or Questioning, Intersex, and Asexual and/or Ally) community.

Similarly, it called for sensitisation programmes for police on the rights of LGBTQIA community and to ensure transgender and gender-nonconforming prisoners are housed separately from cis-men prisoners to eliminate chances of sexual assault by the latter.

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The court also suggested change in educational curricula and also sensitisation of the parents.

The institutions should also ensure availability of gender-neutral restrooms for the gender-nonconforming student, change name and gender on academic records for transgender persons and include 'transgender' in addition to M and F gender columns in application forms.

The court also came out with its directions while deciding the case of a lesbian couple hailing from Madurai who had fled to Chennai as their parents were opposed to their relationship.

The parents of the two girls had filed girl missing complaint with the Madurai police which in turn registered an FIR.

The lesbian couple approached the court after the police had interrogated them at their residential apartment, fearing further harassment from police and their parents.

Justice N. Anand Venkatesh issued detailed directions/guidelines for various authorities after undergoing a counselling session to understand the issues relating to LGBTQIA community voluntarily.

The court also ordered the police to close any complaint regarding girl/woman/man missing if during the investigation, it finds that it was a case of consenting adults consenting adults belonging to the LGBTQIA community after receipt of their statements.

The Ministry of Social Justice & Empowerment has to enlist NGOs including community-based groups which have sufficient expertise in handling the issues faced by the LGBTQIA community, the court ordered.

The list of such NGOs along with the address, contact details, and services provided shall be published and revised periodically on the official website, it said, adding that such details shall be published within eight weeks from the date of receipt of copy of this order.

The NGO, in consultation with the Ministry, shall maintain confidential records of such persons who approach the enlisted NGOs and the aggregate data shall be provided to the Ministry concerned bi-annually, it said.

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 Ministry shall make adequate infrastructural arrangements in this regard, within a period of 12 weeks from the date of receipt of copy of this order, the court said.

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