Counselling to Turn LGBTQ Persons Against their Identity

The Supreme Court of India warned against using court-ordered counseling to change LGBTQ+ individuals’ identities, emphasizing respect for their choices and the significance of their chosen families.

Relevance: GS I (Social Issues)

Background

• The Supreme Court warned against using court-ordered counseling to change the identities and sexual orientations of LGBTQ community members.
• A three-judge bench led by Chief Justice D.Y. Chandrachud emphasized the importance of respecting an individual’s identity and sexual orientation without trying to alter it through counseling.
• The Chief Justice stressed that judges should avoid imposing their values over constitutional protections.
• The verdict provided guidelines for handling habeas corpus petitions and protection pleas by LGBTQ+ individuals, urging judges to demonstrate empathy and disregard social biases.
• The case arose from a petition by a Kerala woman concerning her same-sex partner, where the Kerala High Court had ordered counseling leading to the partner choosing to stay with her parents.
• The Supreme Court did not intervene in specific cases but addressed broader concerns regarding the potential misuse of counseling to pressure LGBTQ+ individuals against their will.
• Chief Justice Chandrachud highlighted the importance of recognizing chosen families, especially for LGBTQ individuals facing discrimination or violence from their birth families.

History of Recognition of LGBTQIA+ in India

• 1861: British introduction of Section 377 to the Indian Penal Code, criminalizing “unnatural offenses.”
• 1977: Shakuntala Devi’s publication “The World of Homosexuals,” the first study of homosexuality in India.
• 1994: Legal recognition of the third gender with voting rights.
• 2014: The Supreme Court of India recognizes transgender people as a third gender.
• 2017: Supreme Court’s affirmation of the Right to Privacy, safeguarding LGBTQIA+ individuals’ sexual orientation.
• 6 September 2018: Decriminalization of consensual homosexual activities by repealing parts of Section 377.
• 2019: Introduction of the Transgender Persons (Protection of Rights) Act, focusing on rights and welfare.

Challenges Faced by the LGBTQIA+ Community in India

• Social Discrimination: Prevalence in employment, housing, and healthcare sectors leading to potential poverty and insecurity.
• Lack of Representation: Minimal presence in media, politics, and governance, hindering voice and needs recognition.
• Mental Health Issues: High susceptibility to hate crimes, and verbal and physical abuse, contributing to mental health struggles.
• Rural LGBTQIA+ Silence: Limited exposure and connectivity, leading to suppressed identities and exacerbated abuse.
• Homelessness: High rates among LGBTQIA+ youth due to familial rejection, leading to missed education and increased risk behaviors.

Way Forward

• Supportive Policies and Laws: Development and implementation of protective laws against discrimination, hate crimes, and violence.
• Promoting Inclusive Parenting: Encouraging acceptance and understanding within families to foster societal inclusivity.
• Fostering Diversity and Pride: Creation and promotion of open forums and platforms for LGBTQIA+ youth, celebrating diversity through initiatives like Pride Month and Pride Parades.

Advocating for Equality: Recognizing and treating LGBTQIA+ individuals as equals, emphasizing that sexual orientation is a natural aspect of human diversity.

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