LGBTIQA+: India

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Court decisions

HC bans ‘cure’ for LGBTIQA+ members/ 2021

Sureshkumar k , June 8, 2021: The Times of India

The Madras high court suggested a ban on health professionals from attempting to medically ‘cure or change’ the sexual orientation of LGBTIQA+ people to heterosexual or the gender identity of transgender people to cisgender. The court also directed National Medical Commission, Indian Psychiatric Society and Rehabilitation Council of India to take action, including withdrawal of licence to practise, against professionals involved in any form or method of conversion “therapy” to LGBTIQA+ members.

Justice N Anand Venkatesh laid down a slew of guidelines covering issues ranging from gender-neutral restrooms for the gender-nonconforming student and help to change name/gender on academic records for transgender persons, besides suggesting separate jails for transsexuals.

These are among directives issued by Justice Anand Venkatesh, who chose to undergo ‘psycho-education’ under qualified counsellors to understand same-sex relationship issues, before writing the verdict.

Duo moved HC to restrain police from harassing them

The case relates to a Madurai-based lesbian couple, aged 23 and 20 years, who chose to live as a married couple. Facing resistance from their families, they fled to Chennai and took refuge with an NGO. As police continued to visit them following complaints lodged by their parents, the two had moved the HC to restrain cops from harassing them.

Justice Anand Venkatesh said: “The voice of this community is now getting louder and stronger and society can no more turn a deaf ear and the time has come to make that change.” Noting that he himself was “pulled out of darkness (ignorance)” by two counsellors, he said: “The society and my upbringing have always treated the terms ‘homosexual’, ‘gay’, ‘lesbian’ as anathema.”

The court has directed the Centre to organise sensitisation programme for judiciary, police, public servants, health professionals and parents of LGBTIQA+ persons. The matter has been adjourned to August 31.



See also

Homosexuality and the Indian law

LGBT: Bangladesh

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