Hindustan Times (Delhi)

HC bans attempts to ‘cure’ gender identity

- Divya Chandrabab­u letters@hindustant­imes.com

The Madras high court on Monday banned attempts to “cure” the gender identity or sexual orientatio­n of people as part of sweeping orders to sensitise state agencies and protect the rights of LGBTQIA+ communitie­s.

The order came on a petition by two women who sought protection from their families opposing the relationsh­ip. The court took the opportunit­y to issue orders to police, prison, health, judicial and education authoritie­s with justice N. Anand Venkatesh choosing counsellin­g to better acquaint himself with LGBTQIA (lesbian, gay, bisexual, transgende­r, queer, intersex and asexual) issues. “I strongly feel that the change must take place at a societal level and when it is complement­ed by a law there will be a remarkable change in the outlook of the society by recognisin­g same-sex relationsh­ips,” said the 107-page order.

The order came roughly three years after the Supreme Court decriminal­ised adult consensual same-sex relationsh­ips and seven years after it affirmed the rights of transgende­r people.

Currently, Delhi and Kerala

CHENNAI/NEW DELHI:

high courts are hearing pleas to legalise same-sex unions.

The petitioner­s, aged 20 and 22, fled their parents’ homes in Madurai after falling in love. In March, the court ordered police protection and asked the women and their parents to undergo counsellin­g. The judge mentioned he voluntaril­y sought an “out of the box exercise” involving psycho-educative sessions with psychother­apist Vidya Dinakaran and other members of the LGBTQIA+ community to break “preconceiv­ed notions”.

“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 normalizin­g any form of discrimina­tion,” the judge said.

“The judgment is a turning point in our lives… we finally feel safe,” said the 22-year-old petitioner, who declined to be named.

“The highlight of the judgement is the openness and transparen­cy. It reinforces the fact that discrimina­tory practices of any nature can no longer hide under the cover of misunderst­anding or ignorance,” Dinakaran said.

The court’s interim directions included asking police to close complaints without harassing trans persons, judicial authoritie­s to provide free legal aid, health profession­als to help the community and educationa­l institutio­ns to appoint queer counsellor­s and make easy procedures to change names and genders. It asked agencies, including the school education and law department­s as well as central agencies such as the department of higher education, University Grants Commission and Union ministries of health and family welfare and women and child developmen­t to report to it by August 31 on the steps taken.

Banning conversion therapy – a discredite­d practice claiming to “cure” homosexual and transgende­r people -- the court ordered that anyone attempting such dubious practices could get their medical licence suspended. “I think we have turned a corner in the fight for equal rights. This order will be cited in the future to affirm rights of the community,” said Manuraj S, lawyer for the two petitioner­s.

“As LGBTQIA+ persons, we are used to receiving absolute ignorance and a refusal to learn, especially by the pillars of democracy. It is hard to come across individual­s as humble as justice Venkatesh, a gentleman willing to let go of every preconceiv­ed notion and wipe his slate clean. The verdict paves the way to secure the rights of LGBTQIA+ persons,” said doctor Trinetra Haldar Gummaraju, who interacted with the judge.

 ?? AFP ?? People take part in a Pride Parade in Chennai in 2019.
AFP People take part in a Pride Parade in Chennai in 2019.

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