n June 7, 2021, in a welcome chain of events, the Madras high court banned attempts to “cure” the gender identity or sexual orientation of people from the LGBTQIA+ communities, in an effort to sensitise state agencies and protect the rights of the community.
The move came following a petition by two women, 20 and 22, who sought help and protection from their families who were opposing their relationship. The court seized the opportunity to issue orders to police, prison, health, judicial, and education authorities. Justice N Anand Venkatesh even chose to seek counselling to better apprise himself with LGBTQIA (lesbian, gay, bisexual, transgender, queer, intersex and asexual) issues. According to the 107-page order, justice Venkatesh said, “I strongly feel that the change must take place at a societal level and when it is complemented by a law there will be a remarkable change in the outlook of the society by recognising same-sex relationships.”
The order came almost three years after the Supreme Court decriminalised consensual same-sex relationships, and seven years after it acknowledged the rights of transgender people. If that’s not all, the Delhi and Kerala high courts are currently hearing pleas to legalise same-sex marriages.
“I have no hesitation in accepting that I too belong to the majority of commoners who are yet to comprehend homosexuality completely. Ignorance is no justification for normalising any form of discrimination,” judge Venkatesh said.
The 22-year-old petitioner who refused to reveal her identity, told the Hindustan Times, “The judgment is a turning point in our lives… we finally feel safe.”
The lawyer for the two women, Manuraj S, told the paper, “I think we have turned a corner in the fight for equal rights. This order will be cited in the future to affirm rights of the community.”