The Madras High Court on Monday commended the State government for having come up with a draft Tamil Nadu Gender and Sexual Minority (LGBTQIA+) policy which contains various recommendations including the constitution of a statutory State Commission for Sexual and Gender Minorities.
Justice N. Anand Venkatesh wrote that the unveiling of the draft policy was a “commendable stride towards recognising the rights of trans and intersex individuals... The policy’s consideration for specific sub-groups within the LGBTQIA+ community speaks to a nuanced approach to services, inclusion, and sensitisation.”
After perusing the draft policy submitted by State Public Prosecutor Hasan Mohammed Jinnah, the judge said: “The policy underscores a notable commitment to empowerment and inclusivity, articulating detailed rights related to movement, property, and public office for the LGBTQIA+ community.”
He also observed that the ambitious objectives of the policy reflect a conscientious effort to create an enabling environment, encourage voluntary action, and expand outreach activities. “The emphasis on combating discrimination and violence against sexual and gender minorities, alongside the push for sensitisation across various groups, signals a commendable endeavour to eradicate societal biases,” he said.
The judge pointed out that the draft policy, submitted to the Tamil Nadu Social Welfare Commissionerate this month, had been prepared by a committee consisting of LGBTQIA+ persons after holding 10 consultations with 240 persons from the LGBTQIA+ community and after going through an earlier version prepared by the State Planning Commission.
The policy recommends horizontal reservation in education and employment for the transgender and intersex persons besides imposing a bar on being fired from jobs if employees undergo change in gender identity. It also suggests equal recognition of transmasculine (Tirunambi) and intersex persons as it was being done in the case of transfeminine (Tirunangai) persons.
Provision of separate cells and showers for transmasculine and transfeminine inmates in prisons; protection from family violence including corrective rape against LGBTQIA+ persons; recognition of same-gender relationships by means of Deed of Familial Association and sensitive gynaecological and sexual/reproductive health care for lesbian, bisexual, pansexual women and transmasculine persons were the other recommendations.
The draft policy had also recommended measures for non-discrimination in access to housing; protection from bullying, ragging, and physical/sexual violence in schools and higher educational institutions; access to gender-neutral restrooms and gender-neutral hostels in educational institutions; ability to wear uniforms/clothes consistent with one’s self-determined gender identity and/or preferred gender expression and inclusive norms across public and private sectors in hiring, retention and promotion.
Further, the draft suggested the change of the existing Tamil name of the State transgender welfare board from Tirunangai (transfeminine) Nala Variyam to the more inclusive Tirunar Nala Variyam so that it increases the representation of transmasculine persons and includes in its scope the intersex persons too.
Since Mr. Jinnah sought three more months’ time for the State government to finalise the policy after holding discussions with all stakeholders, the judge accepted the request and adjourned a case, in which he had been issuing a series of directions for the welfare of the LGBTQIA+ community since 2021, to June 10, 2024.
In the meantime, he directed the Union Ministry of Social Justice and Empowerment to continue the process of online registeration of non governmental organisations working for the welfare of LGBTQIA+ community and ordered that the National Council of Educational Research and Training should also come up with a module on senstisation.
