Madras HC asks Ministry of Social Justice & Empowerment to extend Shelter Home Scheme to all persons from LGBTQIA+ community

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Read Order: Mrs. S.Sushma and Ors v. Director General of Police and ors 

Pankaj Bajpai

Chennai, December 28, 2021: Stating that the transgender persons are only a fraction of the entire LGBTQIA+ community, the Madras High Court observed that the benefit under the Garima Greh (Shelter Homes)scheme floated by the Ministry of Social Justice and Empowerment has to be extended to the entire LGBTQIA+ community and must not be confined only to transgender persons. 

The Ministry of Social Justice and Empowerment shall take this into consideration and enlarge the scope of this scheme to all persons from the LGBTQIA+ community, and then only can it be considered as a wholesome and non-discriminative welfare scheme benefitting persons who otherwise are being marginalized in the society, opined Justice N. Anand Venkatesh. 

The Ministry has to bear in mind that persons from the LGBTQIA+ community, as such do not have any support from their family or from the society at large, and therefore, the welfare schemes provided by the Government are their only ray of hope, added the Single Judge.

Regarding the directions pertaining to the listing of NGOs, when the matter was taken up for hearing on October 4, 2021, the Ministry of Social Justice and Empowerment had filed a status report and informed this Court that they are in the process of enlisting the NGOs. 

However, the status report that has been filed today by the Ministry of Social Justice and Empowerment does not address this issue, as it is crucial to properly enlist the NGOs that work for the welfare of the LGBTQIA+ community, and therefore, unless this process is undertaken, LGBTQIA+ persons run the risk of abuse and threat amidst other hardships, added the Single Judge. 

As regards standardized guide/prospective glossary containing the words and expressions that can be used in Tamil by the press and media to address persons belonging to the LGBTQIA+ community, the High Court said that once the Government publishes the same, it will have more force and will be easier to implement.

The High Court therefore made an earnest request to the press and media to take into consideration the words and expressions to be used while addressing persons belonging to the LGBTQIA+ community, as that will pave the way for a dignified identity for persons belonging to this community.

The High Court therefore listed the matter on February 18, 2022 expecting that a prospective glossary will be placed before this Court before the next date of hearing.

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