Madras High Court directs State Govt to frame guidelines to protect rights of LGBTQIA+ people within four weeks

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Synopsis

The court was hearing a matter related to Glossary, Draft Transgender Persons (Protection of Rights) Rules, Sensitisation of Teachers, and the Transgender Persons Policy.

Justice N. Anand Venkatesh of the Madras High Court on Monday directed the State government to develop guidelines, within four weeks, to protect the rights of LGBTQIA+ people in Tamil Nadu.

Court was hearing a matter related to Glossary, Draft Transgender Persons (Protection of Rights) Rules, Sensitisation of Teachers, and the Transgender Persons Policy.

Additional Advocate General (AAG) S Silambanan submitted that the glossary is being finalized and that meetings are being held with the Tamil etymological and dictionary project department to simplify the words as much as possible.

AAG further submitted that the above process would be completed and the glossary would be submitted to the Chief Minister for approval to be published in the Government gazette. He requested four weeks to complete this process.

Furthermore, AAG submitted that the Transgender Persons (Protection of Rights) Rules are nearing completion and that they will be published and reported to the High Court within four weeks.

Concerning the Sensitisation of Teachers, as directed by the High Court in the order dated April 8, 2022, the AAG submitted that the process will begin in a week and that the progress made in the sensitization program will be reported to the bench in the next date of hearing through a status report.

Senior counsel for NCERT stated that training for sensitization of various stakeholders in school education will begin in the upcoming academic session.

On Enlisting the NGOs, the senior counsel submitted that immediate steps are being taken on working for the welfare of members of the LGBTQ+ community.

The counsel also requested the State government to file a status report on the progress made in this regard.

To this, the Court ordered that if the same has not begun, the respondent authority is to begin it immediately, and substantial progress must be demonstrated before the next hearing date.

Concerning the Tamil Nadu State Legal Services Authority (TNSLSA), the Standing Counsel for authority submitted that steps are being taken to organize a State-wide program for advocates, as was done previously, and that funds are being sought in this regard.

The counsel also requested more time to file a comprehensive report on the previous program run by TNSLSA.

The member Secretary submitted a new report, from April to June 2022 stating that the District Legal Services Authority conducted 53 special awareness programs across the state, with nearly 6810 people participating in those programmes.

Moreover, the Standing Counsel appearing on behalf of the National Medical Commission (NMC) submitted that the directions issued by the High Court on July 8, 2022, are being followed up on, and the suggestions made by the counsel for the petitioner in this regard are also being considered.

It was further added that a draft note has been prepared and distributed to all stakeholders.

Accordingly, Court listed the matter for August 22.

Case Title: W.P.No. 7284 of 2021