The Madras High Court, on Friday, November 18, asked the Tamil Nadu state government to come up with a procedure for registration of Deed of Familial Association for LGBTQIA+ persons, by means of which they can enter into civil unions. Justice Anand Venkatesh was hearing an intervening petition filed seeking the court to direct the state government to recognize the 'Deed of Familial Association', recognising the civil union entered into between LGBTQIA+ partners. The judge observed that the Deed of Familial Association will “at least give some respect and status” to queer couples and their relationships. A Deed of Familial Association is a legal contract entered between two individuals declaring their association as partners.
The petitioner had proposed the deed to ensure that two persons will have the right to live in a relationship and also have the right to protection. The petitioner had also contended that if the contract is recognised, it will prevent the couples from being shamed and harassed. Taking note of the fact that the Supreme Court - in the marriage equality case - upheld the right to choice of two persons to have and live in a relationship and their right to protection and also their right not to be harassed, the HC observed that the Deed of Familial Association will safeguard the rights that have been guaranteed under Article 21 of the Constitution of India.
“According to the petitioner, the Deed of Familial Association will confine itself only to; (a) harassment or violence or ill-treatment by society or even the biological
families, and (b) discrimination that can impact gainful employment, housing and
assimilation in society,” the judge noted, adding that the proposal, prima facie. sounds convincing.
“...Such persons must have protection to live in the Society without being
disturbed or harassed. For that purpose, the Deed of Familial Association will
at least give some respect and status to such relationships,” the judge added.
Stating that the Social Welfare and Women Empowerment Department was in the process of finalising the Policy for LGBTQIA+ community, Justice Anand Venkatesh said that this proposal by the petitioner can be taken into consideration.
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“...the State can come up with a procedure for registration of such Deed of Familial Association and the scope of such a Deed. If that is done, the state will be able to give its stamp of approval to persons, who are in a relationship in the community and to a great extent, this will enhance the status of such persons in the society. This suggestion given by this Court shall be kept in mind while finalising the policy for LGBTQAI+ community,” the judge ruled.
Read: A Madras HC judge fought his own prejudices before landmark LGBTQIA+ order
The Supreme Court, in the marriage equality case, delivered a split judgement with CJI Chandrachud and Justice Sanjay Kaul ruling that queer couples have the right to enter into a civil union but not the right to marry under existing law. However, the majority opinions by Justices Ravindra Bhat, Hima Kohli and PS Narasimha differed, stating that
here can be no legal recognition of a civil union without a law enacted by Parliament or state legislatures. The three judges, however, said queer persons have the right to cohabitation