Disclaimer:

• I have no interest to write this Editorial as I knew it tend to create discomfort to the readers as well to the LGBTQIA+ community. Howsoever, I am helpless in writing this piece of note.

• Only recently Madras High Court gave a long list of instructions to various authorities to follow; both at State and Union level and still kept the Writ Petition open so to see its orders been diligently followed by the concerned authorities and also for any further assistance is required in this case.

• There is no compulsion on the reader to read this Editorial, if not interested. Nor do I project here any compulsive opinion on anyone. Otherwise, I respect everyone’s opinion.

• I am sharing my thoughts on the Order as I being a practising Advocate and I thereby shouldering social responsibility therein to air my opinion fairly and freely.

• And in anyways my writings would correct inadvertent errors and my soul would always be happy for that small contribution that I made in rectifying it.

On 07-06-2021, Justice N. Anand Venkatesh of the Madras High Court pronounced an Order in WP No. 7284/2021 as against the Petition seeking intervention of his Court to direct Respondent Polices’ to give protection to the Petitioners from latter’s parents.

What in normal course one would contemplate of such Petition – obviously either inter-caste elopement or something of that nature?

But in this case, both Petitioners are girls of about 20 / 22 years and they sought protection from their parents and are those acquainted with them and of course from the Polices’ harassment for they being lesbians and they together ran away from their houses at Madurai to Chennai.

A girl missing complaint was given by their respective parents, FIR was registered, Polices’ got into investigations and found that both girls were on their will and pleasure staying together at Chennai for parental disapproval of their sexual orientation. And as such harassment from the parents and Polices’ became unbearable they both moved the Court.

The Court had then passed interim orders; directing respective Police’s to close the FIR, not to harass them, called for a hearing with both the parents and the Petitioners. The Court made an inquiry and convinced that the Petitioners were sticking to their point and their parents were in contrast of their wards desires. The Court then borrowed Psychiatrist assistance and on two different occasions counselling were provided to the parents and they refused to budge. Similarly the Petitioners themselves were given counselling and here too the Petitioners were to go with their desires.

Justice Venkatesh in order to understand the LGBTQIA+ community subjected himself for education under a Psychiatrist. And he then to know about complexities in the life of the LGBTQIA+ had audience with such person, who is a Doctor by profession and her Mother. The Judge had then received their experiences in writing.

The Court extracted a select portion of the Psychiatrist and Doctor’s experiences and reproduced in its 107 pages Order. The Court went through some authorities of the SC and took many references from the foreign constitutions in the USA and UK and related the matter to that of equality before law [Article 14], prohibition of discrimination on grounds of religion, race, caste, sex… [Article 15] and protection of life and personal liberty [Article 21].

No doubt, the High Court took more than enough of its time and gave patient’s hearing to the issue in its hand and undoubtedly it had also gone beyond the scope of inquiry [Prayer].

The bottom-line to LGBTQIA+ is sexual preference. A man may have develop a belief in his mind and body that he would get carnal pleasure with a man alone or a man and woman or do not know to whom he lean for satisfying his physical intimacy and vice versa with a Woman.

The person who belongs to LGBTQIA+ community is not a patient inflicted with disease but he had bodily and mind disorder and that could be corrected through a conversion therapy. Conversion therapy though not acknowledged or had any recognition from the best brains of the World including Sigmund Freud of the early days and even otherwise there is conflicting reports emerging on this subject.

Though today’s English medicines do not completely discard any cure of such persons, even otherwise, our own traditional medicines have claims of relief and remedy for such disorders. Even otherwise, orthodox western world still believes in hypnotism and spiritual method to remedied such disorders.

Scriptures like Bible and Quran prohibits such same sex carnal pleasure. LGBTQIA+ community makes references of certain theologies to their side of arguments. Procreation is the purpose of men and women to live in this earth as far as all Faiths are concerned and with LGBTQIA+ pattern breeding will completely become redundant or impossible.             

Point is, when the World medicines have not completely shied away from offering remedy to this disorder, Supreme Court had decided in Navtej Singh Johar Vs. Union of India and Others that “homosexuality is neither unnatural nor is it a mental disorder or a disease.” And SC was very vocal in few other judgments that such persons would not be subjected to any treatment to correct their sexual orientation.

In fact Madras High Court taking cue from such SC’s decision in its Order has said;

“Prohibit any attempts to medically cure or change the sexual orientation of LGBTQIA+ people to heterosexual or gender identity of transgender people to cisgender.”

“To take action against the concerned professional involving themselves in any form or method of conversion therapy,” including withdrawal of license practice.

Having kindled your thoughts on this subject upto this level, now I leave it to you – what repercussions and consequences would such order will have on the society?

Where are our Courts heading under the guise of equality before law, discrimination against sex and personal liberty?

Why not our Courts apply same yardsticks of equality before law, discrimination against sex and personal liberty on the people who are in contrast of such diminutive opinion?

You will have to ponder!!!