'Transgenders Only A Fraction Of LGBTQIA+': Madras HC Directs Extension Of Shelter Home Scheme To All, Requests Media To Follow Draft Glossary For The Community

Madras High Court, while following up on a set of measures to be taken for the protection of LGBTQIA+ Community, has directed the Union Government to extend the scope of 'Garima Greh' Scheme to all members of the LGBTQIA+ Community and not transgenders alone. A single-judge bench of Justice N. Anand Venkatesh made this direction while perusing the status reports filed by the Ministry of Social Justice & Empowerment, pursuant to a slew of guidelines in a judgment dated 7th June to ensure the protection of LGBTQIA+ persons in consensual relationships from police harassment. The senior panel counsel submitted that the scheme covers only those persons who fall under the category of "transgender persons". After examining the Government's proposal for Garima Greh: Shelter Home for Transgender Persons, the court observed that the welfare scheme would become wholesome and non-discriminative only when its benefits are extended to the entire LGBTQIA+ community. The court also pointed out that LGBTQIA+ Community does not have any support from their families or their societies. In such a situation, the government welfare schemes are their 'only ray of hope', the court remarked. "In the considered view of this Court, transgender persons are only a fraction of the entire LGBTQIA+ community. The benefit under the scheme has to be extended to the entire LGBTQIA+ community and must not be confined only to transgender persons. The Ministry of Social Justice and Empowerment shall take this into consideration and enlarge the scope of this scheme to all persons from the LGBTQIA+ community. Only then can it be considered as a wholesome and non-discriminative welfare scheme benefitting persons who otherwise are being marginalised in the society", observed Madras High Court. On the occasion, the petitioner counsel also circulated a standardised guide in Tamil with English explanations that could be used by the press and media while addressing members of the LGBTQIA+ Community and their issues. Taking note of the same, Justice N. Anand Venkatesh instructed Additional Advocate General to forward it to the Tamil Nadu Government. According to the court, Government publishing a prospective glossary of words and expressions for addressing members of LGBTQIA+ Community would have more force while implementing it. The State Government is also expected to place the prospective glossary before the court by the next date of hearing. "In the meantime, this Court wants to make an earnest request to the press and media to take into consideration the words and expressions mentioned herein above, to be used while addressing persons belonging to the LGBTQIA+ community. If these words and expressions are used regularly, it will become a common practice and that will pave way for a dignified identify for persons belonging to this community", the court remarked about the draft guide submitted by the petitioner counsel before concluding.The State Public Prosecutor has also ensured the court that the proposed amendment to the Tamil Nadu Subordinate Police Officer's Conduct Rules, 1964 will be made at the earliest. On the last date of the hearing, the court was informed that the state government will soon decide about incorporating Rule 24-C in the Conduct Rules to prevent police harassment of LGBTQIA+ Community.The developments come in a protection plea filed by a Lesbian couple facing police harassment, and pursuant to a slew of guidelines issued by the High Court in June this year to ensure the protection of LGBTQIA+ persons in consensual relationships. The Court had also issued a host of directions against police harassment, insensitive media reportage in matters pertaining to the LGBTQIA+ community, insensitive terminology in medical textbooks regarding the LGBTQIA+ community, etc. Status Reports Filed & Court's Observations Ministry of Social Justice & Empowerment At the outset, the Ministry of Social Justice & Welfare submitted that Garima Greh shelter homes are already set up in some states like Delhi and Gujarat. They are maintained by Transgender Community Based Organisations(CBOs). The report also added that the Ministry has so far released the first grant for 12 Garima Grehs to secure peaceful living and medical aid. Garima Grehs will also be instrumental in providing other amenities like skill development programs and counselling services for transgenders. It also added that the proposals for the second grant is currently being processed. It was also submitted that active measures are taken to ensure that there atleast one Garima Greh under "Support for Marginalised Individuals for Livelihood and Enterprise (SMILE) scheme" in each state. Additionally, the proposal of Garima Greh will also be called online through the e-anudaan portal and the SMILE Scheme guidelines are under formulation, added the counsel. It was also informed that details of CBOs/...

'Transgenders Only A Fraction Of LGBTQIA+': Madras HC Directs Extension Of Shelter Home Scheme To All, Requests Media To Follow Draft Glossary For The Community

Sebin James

The court has also requested the press and media to follow the draft guide placed before it for addressing the members of the LGBTQIA+ community.

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