Madras HC urges TN govt to decide if LGBTQIA+ policy should be unified or separate

The Madras High Court, in a recent order, stated that it is for the Tamil Nadu government to determine whether a single unified policy or if two policies are needed for the LGBTQIA+ community. The court noted that the state government had submitted two policies—one for transgender persons and another for LGBTQIA+ persons. “It must be made clear that it is for the legislature to finalise the policy and give it the force of law, and this Court cannot trench upon that area, which is within the exclusive domain of the legislature,” Justice N Anand Venkatesh said. The judge made the observation on February 17 during the hearing of the ongoing case, in which he has passed a series of directions for the betterment of the LGBTQIA+ community.

The court deliberated on whether a separate policy should be implemented for transgender and intersex individuals or if a unified framework should be developed for the entire LGBTQIA+ community. While some argued that a separate policy would strengthen the focus on transgender rights, others cautioned against division, stressing that “the entire community together has fought their way” toward recognition and equality. It was submitted at the court that the Tamil Nadu government, after consulting stakeholders, recognised the “historical marginalisation of transgender persons” and decided that a distinct policy would better address their vulnerabilities. 

The court acknowledged the state’s efforts, noting that “such a law will be one of a kind in the entire country and will pave the way for a better future” for marginalised persons. The government has been granted three months to finalise and implement the policy. “It is important to understand and appreciate the sensitivity involved before finalising the policy,” the court said.

In an earlier hearing on February 3, the court observed that having two separate policies “may cause some confusion.” “Hence, it will be more appropriate if one consolidated policy is made ready, and that the policy within itself can incorporate the reservation that is going to be made in favour of persons falling under the transgender and intersex categories,” the court said.

The court also addressed the National Medical Commission (NMC), directing it to expedite the incorporation of LGBTQIA+ issues into medical education. While acknowledging the progress made, Justice Venkatesh noted that the curriculum must emphasise that “conversion therapy is completely barred” and must highlight its serious consequences.  

Further, the court took note of an incident at Madurai Medical College, where a session on LGBTQIA+ healthcare was disrupted. A medical awareness session on LGBTQIA+ issues was boycotted by a senior cardiologist, who instructed students to walk out. Condemning the act, the court directed the Tamil Nadu Directorate of Medical Education to conduct awareness programmes and ensure that LGBTQIA+ voices are included in medical training.  

Additionally, the court called on the Ministry of Education to approve the finalised module submitted by NCERT for sensitising teachers on LGBTQIA+ issues, setting an eight-week deadline for its implementation. 

The court was being appraised by the state government on the developments in policy-making work. The state government appointed an 11-member committee in July 2023 to draft a policy for the LGBTQIA+ community. A public consultation meeting was held in Chennai on January 20, and the inputs from that meeting were also added to the draft before it was submitted to the court. However, a section of trans women activists expressed their concerns regarding the policy and demanded a separate policy for trans and intersex persons alone. Following this, the court granted three months for the state government to conduct wider consultation meetings and formulate the policy.