End discrimination against LGBTQIA+ community: SC directs governments, police
The Supreme Court on Tuesday directed governments at the Centre, states, and union territories to ensure that the LGBTQIA+ community does not face any discrimination in day-to-day life, Hindustan Times reported. A five-judge Constitution bench headed by Chief Justice of India (CJI) DY Chandrachud asked the governments to sensitize the public about queer rights, launch a hotline, and create safe houses for queer couples.
Why does this story matter?
The SC has pronounced its much-awaited verdict over the legal validity of same-sex marriages. While petitioners sought equal marriage rights for queer people, the government has opposed it, saying the legislative policy can't validate a queer union. Earlier on Tuesday, in his judgment, the CJI also held a Central Adoption Resource Authority (CARA) regulation barring unmarried and queer couples from adopting children as "illegal."
Can't force intersex kids to undergo operation, therapy: SC
The CJI-led bench comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha also ruled that intersex children can't be forced to undergo any sort of operation or hormonal therapy. The SC, however, denied giving marriage equality rights to the LGBTQIA+ community, saying it can't force the state to recognize such rights, and it has to be done by the legislature.
SC asks police not to harass queer people
The bench also directed the police to conduct a preliminary inquiry before lodging an FIR against a queer couple concerning their relationship. It also directed them not to harass queer individuals by summoning them to the police stations merely to ask about their sexual identity. It further said that the police shouldn't force queer persons to return to their natal family.
Legislative schemes around social security need to be reviewed: Bench
Although the bench left the task of recognizing same-sex marriage to the legislature, CJI Chandrachud highlighted that the state's failure to grant queer couples the entitlements stemming from marriage will affect them disparately. Justice Narasimha said the legislative schemes excluding queer couples from social security provisions such as pension, provident fund, gratuity, and insurance need to be reviewed, The Hindu reported.
