A Glimmer of Hope: India Court Issues Guidelines for Protection of LGBTQ Community

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06/28/2021

Before the Obergfell v. Hodges judgment finally declared homosexual marriage as an individual’s fundamental right across the United States, various state and circuit courts ruled in favor of this right. A similar ray of hope seems to be rising for the LGBTQ community in India when Justice Anand Venkatesh of the Madras High Court gave protection to a lesbian couple from police and issued various guidelines. The judgment calls for and justifies the quote used by the justice himself, “Ignorance is no justification for normalizing any form of discrimination.” The unprecedented judgment in the case of S. Sushama & another v Commissioner of Police and others is a landmark one in various ways. It came as a very distinct approach to deal with the matters of emotional concern of people belonging to minority communities or suffering to get social validation. Justice Anand Venkatesh went beyond the books of laws to understand the societal notions and disagreements which create a blockage in comprehending the relationship of the LGBTQ community. However, the court, without waiting for any legislative step to be taken suo motu added the concerned ministries and institutions as the respondents and issued guidelines to extend the protection of the LGBTQ community.

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