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Synopsis

The Allahabad High Court on Monday, January 29, 2024 appreciated the State government for introducing the Tamil Nadu Gender and Sexual Minority (LGBTQ+) Policy which is aimed at addressing the rights and welfare of the LGBTQIA+ community in Tamil Nadu. The policy draft includes the establishment of a formal State Commission dedicated to the well-being of Sexual and Gender Minorities.

The bench of Justice N Anand Venkatesh said that the policy underscored a notable commitment to empowerment and inclusivity, articulating detailed rights related to movement, property, and public office for the LGBTQ+ community.

"The emphasis on combating discrimination and violence against sexual and gender minorities, alongside the push for sensitization across various groups, signals a commendable endeavour to eradicate societal biases," the bench highlighted. 

Court also pointed out the collaborative effort of the Social Welfare Department, State Planning Commission, and LGBTQIA+ community, including the drafting committee in the policy's formulation.

"The conscientious gathering of recommendations from community members through meetings and consultations reflects a dedication to a participatory and inclusive policy-making process," the bench underscored.

The bench opined that "the Tamil Nadu Gender and Sexual Minority (LGBTQ+) Policy, with its intricate details and comprehensive approach, stands as a testament to the state's purported commitment to inclusivity and empowerment. The subtlety with which the policy navigates the complex landscape of LGBTQ+ rights in Tamil Nadu contributes to a dialogue on diversity and acceptance".

Further, while noting that the implementation of the final policy will take some more time since the interest of the stakeholders and more particularly the interest of persons belonging to the transgender community has to be addressed and the policy also requires to be translated into Tamil so that it has a wider reach, court clarified that "neither the court nor the State Government is attempting to hasten up the process and there can be an assurance that the policy which is more beneficial to the persons belonging to the community alone will be made operational".

Accordingly, court granted more time to the State Government to undertake a larger consultation with the stakeholders. "It is left open to the State Government to expand the Committee by adding persons belonging to the trans community so that their interest is also taken here. This Court is inclined to grant three months time as sought for by the 30th respondent," court ordered. 

Furthermore, the court was apprised that the portal of the National Institute of Social Defence (NISD) inviting applications for registration of NGOs working in domain of LGBTQIA+ has once again been reopened.

Taking note of the same, court ordered that the process of enlisting shall be kept open till the next date of hearing. "This will ensure that more NGOs will come forward and submit their applications for enlisting themselves in the official portal," court said. 

The matter will be next heard on June 10, 2024, at 2.15 pm. 

Case Title: Mrs S Sushma & Ors v The Director General of Police and Others