Supreme Court Directs Government to Prevent Discrimination Against Queer Community

Supreme Court Directs Government to Prevent Discrimination Against Queer Community

VoM News Desk | October 17, 2023 | 02:11 PM IST | Courts & Law | Follow on Google News

Supreme Court Directs Government to Prevent Discrimination Against Queer Community

Supreme Court Directs Government to Prevent Discrimination Against Queer Community

The Supreme Court has issued directives to the Centre and state governments to prevent discrimination against the queer community based on their sexual orientation. Chief Justice DY Chandrachud emphasized the need for public awareness of queer rights and urged the establishment of a hotline for their support. He stated that queerness is a natural phenomenon, not limited to urban or elitist environments.

Key directives from the Supreme Court include:

1. Hotline for Support: Setting up a hotline to provide support and assistance to queer individuals, ensuring they have a platform to address their concerns and seek help.
2. No Harassment: Police should conduct a preliminary inquiry before registering an FIR against a queer couple, preventing unnecessary harassment based on their sexual identity.
3. No Forced Actions: Queer individuals should not be compelled to return to their families or undergo hormonal therapy. Their rights and choices should be respected.
4. Inter-sex Rights: Ensuring that inter-sex children are not subjected to forced sex-change operations, protecting their rights and dignity.

While the Supreme Court declined to grant legal recognition to same-sex marriages, Chief Justice Chandrachud clarified that the court’s role is to interpret the law, not create it. The matter of changing the Special Marriage Act to recognize same-sex marriages is within the purview of Parliament.

Furthermore, the Centre has been urged to establish a committee to address practical concerns of same-sex couples, including obtaining ration cards, pension, gratuity, and addressing succession issues.

This Supreme Court ruling represents an effort to protect and uphold the rights and dignity of the queer community, while acknowledging that legislative changes are required for full recognition of same-sex marriages.

VoM News Desk

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