For the first time in India, State has consciously addressed persons of LGBTQIA+ community: Madras High Court

The Madras High Court recently lauded the State government for taking steps to address the issues faced by the LGBTQIA+ community..Justice Anand Venkatesh stated in an order,"For the first time in India, the State Government has consciously addressed all the persons belonging to the LGBTQIA+ community. This indicates growing awareness in addressing all persons belonging to this community instead of using the terms “transgender” or “thirunangaigal” as an umbrella term for the entire community.".This remark was made in the context of an amendment introduced to the Tamil Nadu Subordinate Police Conduct Rules, 1964 prohibiting police officers from harassing LGBTQIA+ persons as well as persons working for the welfare of the community. The amendment was introduced after the High Court directed the State to do so in August 2021..Tamil Nadu government introduces rule barring police officers from harassing LGBTQIA+ community members.The Court hearing a petition moved by a same-sex couple seeking protection owing to opposition from the families to their relationship, in which Justice Venkatesh subsequently issued a number of directions to the authorities in a bid to tackle deeply-embedded prejudice against LGBTQIA+ persons..In its latest order, the Court also directed the Tamil Nadu State Medical Council to take appropriate action against those indulging in conversion therapy of LGBTQIA+ persons, in accordance with existing rules.While impleading the body, he drew its attention to a report by an expert committee that addressed the use of offensive and unscientific terms for the LGBTQIA+ community in the existing Competency-Based Medical Education (CBME) curriculum.The report made it clear that conversion therapy should be construed as professional misconduct on the part of medical professionals under Chapter VII of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.The single-judge also issued a direction to the National Medical Council to immediately circulate the report of the expert committee and the recommendations made to all the state medical councils across the country..Apart from these directions, the Court recorded its appreciation for the State government for coming up with a glossary of words to be used while addressing persons belonging to the LGBTQIA+ community.“This important step will ensure that the media, press and the society at large address persons belonging to LGBTQIA+ community in a more dignified and respectable manner.”.Madras High Court orders State to come up with list of words, expressions to address LGBTQIA+ community in dignified way.It was Justice Venkatesh’s opinion that the State’s effort would inspire confidence in members of the community so that "they get an assurance that the State government is taking serious steps for their due recognition.”However, certain representatives of the community took exception to some of the terms and definitions used in the glossary submitted by the Social Welfare and Women Empowerment Department, and presented alternative terms.Noting that the intent behind this exercise was to use appropriate words, terms and expressions while addressing persons belonging to the LGBTQIA+ community, the Court gave preference to the alternate glossary submitted by members and stakeholders. The press was directed to use the words contained in the alternate glossary while addressing people in the community..The Court was also informed of the following steps taken to address the issues faced by the community:- In order to ensure safety of trans persons in prison, the Ministry of of Women Affairs had issued a communication with guidelines for proper treatment and care of transgender persons.- The Additional Advocate General sought more time to place before the Court a Transgender Policy. He stated that a draft of the same was prepared, circulated to all stakeholders and suggestions were invited.- The Government was also given a final opportunity to comply with the direction to complete enlisting the NGOs with all the details and upload the same on the Department of Social Justice and Empowerment website.- With regard to the NCERT manual on trans inclusion, the High Court stressed that the body's undertaking that training modules would be issued by the next academic session, shall be adhered to..The case is listed for further hearing on April 8..[Read order]