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Delhi High Court Declines LGBTQ+ Plea

Delhi High Court Declines LGBTQ+ Plea

On Monday, July 8th, the Delhi High Court gave dismissal to a petition. The petition was filed in by Tajinder Singh. The petition seeks that the LGBTQ+ gain more upliftment and welfare. 

The Petition:

Tajinder Singh wants to eradicate problems such as fear, shame, gender dysphoria, social pressure, depression, and social stigma. He also hopes to generate awareness among the general public of India.

The plea brought up the need for appropriate changes to the Hindu Marriage Act and other personal laws. This is to help recognize the rights pertaining to marriage, adoption as well as divorce with regard to the constitution and the LGBTQ+ community.

The Centre, in a reply to the petition, says that the ministry that is in concern with the community is taking all possible measure for the upliftment of the transgender. It also says that they are doing their best to bring them to the mainstream.

During the court hearing, the division bench of Chief Justice DN Patel and Justice C Hari Shankar remarks. “Can a writ court direct the legislature to constitute a committee?”

Furthermore, they note that drafting of the law was the right of the legislature, and only them. The court nonetheless clarifies that if the government were to “choose to constitute” and LGBTQ+ Committee, they have permission to do so.

Related: Delhi Commission For Woman: Transgender Cell

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Courtesy – Delhi High Court Recruitment 2019

The Petition Reads:

“The Indian Constitution provides rights and protections to each and every citizen of this country whether he is in majority or in minority. The Constitution treats everyone equally without any discrimination. It is the duty of the State to ensure that no one should be discriminated against. Members of the LGBT community are in minority and they too have equal fundamental/constitutional rights. But their right to equality and right to get equal treatment in the society are in violation on a regular basis,” the petition reads.

“Not only society as a whole but State machinery also treat the LGBT community differently, especially police. They are a regular victim of rights violations. They are deprived of their basic human right and right to life which includes the right to enjoy life properly,” it continues.

His plea says that members of LGBTQ+ community have fundamental rights to get equal treatment in society and by not providing law, rules and regulation for registration of marriage etc., the State is discriminating among the citizens of India on the basis of gender.

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Courtesy – The Kavanagh Sisters

How to bring change?

Tajinder Singh, says that India is trying to become a superpower and world leader. It does, in fact, have all the potential to even become one. But this potential can only come to be when society is able to freely accept. Acceptance of not just same-sex relationships but all the constituents of the LGBTQ+ community. And for that to happen, the mentality of people needs to change, and soon. They need to be able to discuss taboo issues and together, help change them for the better.

He continues, in his plea. Placing emphasis that the first step that can be taken is to introduce sex education. Safe sex-education to high school students and college goers will help in bringing comfort. When a child comes out or questions their sexuality, their first contact should be their parents and teachers. When these people are well aware of the different gender identities and sexualities, they will be in a better space to present it to the questioning child.

This makes coming out, understanding oneself and stabilizing mental health a lot more than just disregarding it. Guidance is one of the biggest flaws when it comes to the LGBTQ+ community. The right guidance can save lives, protect the child and produce much safer sex lives.

Furthermore, not only should parents, teachers, and students be educated. The police, people of the government as well as the general public should be brought to sensitization. This will help in the overall appreciation of the genuine concerns of members of the LGBTQ+ community.

In the same essence, people belonging to the media and film industries need to become more considerate when depicting the people of the community in write-ups, shows, and films says the plea.

 

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