As directed by the Supreme Court in the marriage equality case, the Union government has constituted a six-member committee headed by the Cabinet secretary to examine the various concerns of the queer community. The six-member committee consists of only government secretaries. The notification says others may be added.
In a notification dated April 16, 2024, the Ministry of Law and Justice has announced the formation of the committee as directed by the Supreme Court in the marriage equality case (Supriyo vs Union of India).
The committee will consist of secretaries of the home department, ministry of women and child development, department of health and family welfare, legislative department, and department of social justice and empowerment. The committee might also have other experts and officers, in case it is needed.
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The committee will examine and submit its recommendations in the following issues:
> measures to be taken by the Union government and the state governments to ensure that there is no discrimination in access to goods and services to the queer community.
> measures to be taken such that queer communities do not face any threat of violence, harassment or coercion.
> measures to be taken to ensure that queer persons are not subjected to involuntary medical treatments, surgeries, etc., including modules to cover mental health of queer persons.
> measures to be taken to ensure that there is no discrimination in access to social welfare entitlements to queer persons.
> any other issues as deemed necessary.
A five-judge Constitution Bench headed by the Chief Justice of India (CJI) DY Chandrachud, on October 17, 2023, passed the judgement in the marriage equality case by refusing to recognise marriage equality of LGBTQIA+ persons, observing that it was up to Parliament to make a law. The court, while passing the verdict, reiterated that the Solicitor General Tushar Mehta had promised to set up a committee headed by a Cabinet secretary to look into the issues faced by LGBTQIA+ persons, and it shall have as its members, domain experts, community members, and others. The CJI had passed directions to the committee asking them to see if queer families can have ration cards, can have insurance facilities and the medical practitioners have the obligation to consult the family for terminal illness, and rights from employment, gratuity, etc. to be looked into.
On May 3, 2023, SG Mehta, appearing for the Union government, submitted at the court that the issue is of “genuine human concern,” and the government is ready to hold discussions on what can be done administratively. He also said that the Union government was willing to set up a committee headed by the Cabinet Secretary to examine the administrative steps it can take to address the concerns regarding basic social benefits for LGBTQIA+ couples.
