Consider procedure for registering deed on familial ties of LGBTQ persons: Madras HC
This suggestion given by this court shall be kept in mind while finalising the policy for LGBTQAI+ community.”
CHENNAI: The Madras HC has asked the state government to consider the suggestion to bringing in a procedure for registering a deed on familial relationship of LGBTQIA+ persons so that they could tackle the adverse situations that arise in the society.
Justice N Anand Venkatesh, in an order passed on Friday, said the provision can be made an integral part of the policy for LGBTQIA+ community under finalisation by the Social Welfare and Women Empowerment department.
“While undertaking this exercise, this suggestion/proposal given by the petitioner can be taken into consideration and the state can come up with a procedure for registration of such Deed of Familial Association and the scope of such a deed,” he said in the order.
The judge further stated if it is done, the state will be able to give its ‘stamp of approval’ to persons of the community, who are in a relationship, “and to a great extent, will ‘enhance the status of such persons’ in the society. This suggestion given by this court shall be kept in mind while finalising the policy for LGBTQAI+ community.”
The suggestion was made on a petition filed by a Chennai-based transperson impleaded in the case relating to the rights of LBTQIA+ community seeking to issue a direction to the state government to provide for registration of such a deed so that they can protect themselves from “harassment, violence or ill-treatment by the society or even the biological families, and discrimination in gainful employment, housing and assimilation in society.”
Advocate BS Ajeetha represented the petitioner.
Observing that the proposal by the petitioner is prima facie sounding ‘convincing’, the judge underscored a recent SC judgment on LIGBTQIA+ community persons’ rights and marriage, and noted it categorically recognised the ‘right of choice of two persons to have relationship’. “For that purpose, the Deed of Familial Association will at least give some respect and status to such relationship,” Justice Anand Venkatesh noted.