Consider Procedure To Register Civil Union Between LGBTQIA+ Partners: Madras HC To TN Govt

The Madras High Court suggested the Tamil Nadu government to consider the recognition of civil union between the LGBTQIA+ partners in order to protect the fundamental rights of individuals who are part of the community, reported the Live Law.

The court was passing a series of directions as an attempt to remove stigma associated with these communities and to ensure their welfare. It was then a plea intervening the ongoing hearing had surfaced. The plea was filed by an individual named Prasanna and demanded that two persons have the right to live in a relationship.

According to Prasanna’s submission, there was a need for the familial recognition among the LGBTQIA+ community and is to ensure the fundamental rights. The petitioner suggested that through the “Deed of Familian Association”, two persons will get the right to live in a relationship and will also get a right protection. Considering this, it was Justice Anand Venkatesh who gave the suggestion to the Tamil Nadu government.

As said by the Live Law, the Tamil Nadu government had already informed the High Court that the state was in process of finalising a policy for the LGBTQIA+ community, considering their rights and wellbeing.

Many states of India, including Tamil Nadu have policies for the welfare of particularly the people belonging to transgender community. But this is the first time a state would bring a policy forward for the whole LGBTQIA+ community.

The state had already notified the Draft Rules of Tamil Nadu Transgender Persons (Protection of Rights) Rules, 2022, and is waiting for the approval from the Department of Law. The Additional Advocate General had also informed the court that the State Planning Commission had presented the draft policy for the LGBTQIA+ community to the chief Minister MK Stalin and it had been forwarded to the concerned department for further action, the report added.

The court, taking into consideration of the recent Supreme Court recognition of the right of choice of two persons to be in a relationship and their right to protection from harassments, observed that the “Deed of Familial Association” would only safeguard the rights which were already guaranteed under Article 21 of the Indian Constitution.