Madras High Court Directs Sensitization Of School Teachers On LGBTQIA+ Students Issues

The bench of Justice Anand Venkatesh was hearing a petition filed by a lesbian couple who were being harassed by the parents and the police. The bench had previously issued guidelines against police harassment, and had directed for change in queerphobic curriculum. The court had earlier accepted the standardised guidelines/ prospective glossary submitted by the state government for referring to LGBTQIA+ persons and had instructed the press/ media to follow the glossary in letter and spirit. The court also published in its order a Tamil glossary of LGBTQIA+ terms prepared by queer communities and individuals

When the matter came up for hearing on Friday, the court observed that there was no mechanism in the prevailing system for the children who belong to LGBTQIA+ community to discuss about their issues and make complaints in case they are harassed or bullied.

"The Children are not in a position to talk with their parents, not even in a position to talk to teachers in schools. They feel very apprehensive to discuss this with their own friends and the society is not prepared to lend its ears for them. In the said process, children undergo untold trauma and, in some cases, even physical abuse. By the time they enter into middle age, many develop suicidal tendencies due to continuous neglect from everywhere. There are many unreported cases where persons belonging to the community commit suicide since they lose all hope in the society and they don't find any light at the end of the tunnel."

Considering that a teacher would be the best person to communicate with the students and help them through their issues, the court suggested the Additional Advocate General S. Silambanan that a program can be organised spanning from 6-8 weeks inviting one teacher from every school who can be sensitised on the issue. The court also suggested that the coming vacation period can be used for the same. It was also recommended that the teachers could preferably be the ones who have some basic knowledge on child welfare. These teachers can be addressed by the NGOs who are working for the welfare of the community and also by persons belonging to the community. They can also be addressed by Medical Professionals who have proper understanding of these issues. These teachers will then have an understanding as to what is happening with a child belonging to the community.

The court opined that the teacher who undergoes this training from each school can be assigned the task of the counsellor to whom the concerned student can talk freely. They can thus be a centre point to speak to the child, parents and other students who are studying with the child.

"If the problem is understood at the stage of school itself, the child will be able to gain confidence and he will also provide a platform for all others to understand that a child belonging to the community is not abnormal or the odd one out but the child is made that way by nature and has to be accepted as any other child. This step will go a long way in creating awareness about the issue at school level." the court added further.

The court also gave example of the training workshop conducted by the Tamil Nadu State Legal Services Authority (TNSLSA) where they conducted a 6-week training programme by inviting three advocates from each district. A total of 96 advocates were thus sensitised, who can now serve as resource persons to educate others about the problems faced by transgenders.

Appearing for TNSLSA, Mr C.K Chandrasekhar informed the court that this was the first time when such a program was conducted in the country. He further drew attention of the court on changes to be made to certain legislations like Prevention of Sexual harassment at Workplace Act and such other for fully addressing the community. He also suggested that what was needed was enumeration by the State of Tamil Nadu on the number of people who are transgenders.

S. Manuraj appearing for the petitioners sought for inclusion of conversion therapy as a professional misconduct. The Standing Counsel for National Medical Commission informed that steps are being taken to notify the recommendations suggested by the expert committee and make it part of the regulations. It was further informed that once it forms part of the regulation, any violation of the regulation itself will ne considered misconduct. The court also directed the National medical Commission to ensure that the State Medical Councils shall notify conversion therapy as misconduct in their rules so that there is consistency bet the Commission rules and the Council rules.

The court also directed the Central Government to list out the number of NGOs working in this area and also to report on the nature of work carried out by these NGOs

The matter has been posted to 17^th June 2022 for reporting compliance with the directions of the court.

Case Title: S Sushma and Anr v. Director General of Police and Ors

Case No: WP 7284 of 2021