Since, June is considered as the pride month of the year and recently we got a landmark judgement from the Madras High Court regarding the LGBTQ+ Community. Looking at these situations, we can see that society is changing their perspective towards these people, especially the current generation which looks for equality everywhere. This article will mainly focus on the LGBTQ+ people and the recent landmark judgement.
First of all, I would like to explain the kind of people who come under the LGBTQ community and their rights and what their current situation is in the country and then would make a small analysis of the recent judgement.
The LGBTQ/LGBTQIA+ (Lesbian, Gay, Bisexual, Transgender, Queer and/or Questioning, Intersex, and Asexual and/or Ally) Community can be simply defined as the group which contain same-sex couples. This community has been associated with certain symbols especially the flag which is denoted by rainbow colours where each colour signifies the value of the community.
The LGBTQ RIghts have evolved in India, but still they face social and legal issues which are not faced by the non- LGBTQ people. The country has however revoked the laws which were discriminating the homosexuals and transgender identities and they explicitly eludicated on Article 15 of the Constitution to restrain discrimination on the basis of sexual orientation and the gender identity of a person. But still, there are many legal protections which have not been provided which includes same-sex marriage, etc.
CASES WHICH GAVE JUSTICE TO THE COMMUNITY
One of the first landmark case which came in favour of this community was the case of Navtej Singh Johar v. Union of India, where the Supreme Court of India decriminalised Article 377 of the Indian Constitution and allowed consensual homosexual intercourse excluding consensual homosexual sex between adults and those which are away from the scope.
Despite seeing and having strong political and social changes, there are still a majority of people who are homophobic in nature who still reject the same-sex relationships but also a acceptance and tolerance has been recognised in big cities.
Furthermore, there was another case, i.e, National Legal Services Authority v. Union of India the Supreme Court of India held that discrimination whic is done on the basis of gender identity is prohibited.
CONVERSION THERAPY
Conversion therapy is the pseudoscientific practise of employing psychological, physical, or spiritual therapies to convert a person’s sexual orientation from gay or bisexual to heterosexual. Conversion therapy is unsuccessful and sometimes hazardous, according to medical institutions. There is no convincing evidence that sexual orientation can be reversed.
Its validity, efficacy, and ethics have been questioned by medical, scientific, and government groups in the United States and the United Kingdom. Conversion therapy is illegal in a number of places across the world.
Since, LGBTQ community is looked down upon in our country, the use of Conversion Therapy is used a lot here so that the people in this community convert themselve into the two dominant genders present in our country.
The recent landmark judgement S. Sushma v. Commissioner of Police has prohibited the Conversion Therapy in India.
SHORT ANALYSIS OF THE RECENT LANDMARK JUDGEMENT
The petitioner’s of this case is a lesbian couple whose relationship was opposed by both their respective parents, due to which they both fled to Chennai from Madhurai. The couple got help from the community in the financial matters. On the other hand their parents individually filed a missing complaint before the Inspector of Police and the two FIRs approached the couple as an apprehending threat to their safety and security.
Seeing it as a danger, the couple filed a petition regarding this matter which Justice N. Anand Venkatesh looked into and passed an interim order and asked their parents to undergo counselling with the psychologist Ms. Vidya Dinakaran and asked for a report after the first counselling. The report stated that their parents have understood the relationship between them and have agreed with the relationship, but still they feared that they might be against the relationship, the psychologist reported that that the parents are concerned about the society and the consequences they will have to face. In return the counsel for the petitioners asked for a set of guidelines which could help them live in peace. The judge in return took an unprecedented move, i.e, he himself said that he will take the counselling and look into the emotions and the problems the community faces in our country.
In the judgement he said that , he said that comprehensive measures should be taken to sensitize the society, state and federal government including the police and the judiciary to remove prejudices against the community. He also suggested that changes should be made in the school curriculum to educate and make the students understand this community. He also suggested that special NGOs should be made which professionally deal with the qeer community and. The court has also recognised that there is an absence of laws which deal with the community, therefore they should work in the area and should try to protect the community. Lastly he says that the medical cures which deal with the change in sexual orientation should be prohibited. Lastly, it can be said that a lot of changes are required to help the LGBTQ in the society as well as in the legal system which can help the people of the LGBTQ community live a better life.
Eduindex News 