Close to a year after the Supreme Court directed it to form a committee to examine the various concerns of the queer community, the Union government has said that interim action has been taken in the regard. This includes guidelines framed by the Ministry of Health and Family Welfare about medical treatment for children with intersex variations. In a press statement, the Department of Social Justice and Empowerment (DoSJE) has also invited suggestions from the public about further measures to be taken with regards to the queer community. The suggestions can be sent to abhishek-upsc@gov.in and mayank.b@gov.in.
A five-judge Constitution Bench headed by the Chief Justice of India (CJI) DY Chandrachud, on October 17, 2023, refused to recognise marriage equality of LGBTQIA+ persons, observing that it was up to Parliament to make a law. The court, however, while passing the verdict, reiterated that Solicitor General Tushar Mehta had assured that a committee headed by a Cabinet secretary to look into the issues faced by LGBTQIA+ persons would be set up, and it shall have as members domain experts, community members, and others. On April 16, 2024, the Ministry of Law and Justice formed the committee with secretaries of the Ministry of Home Affairs, Ministry of Women and Child Development, MInistry of Health and Family Welfare, Legislative Department, and Department of Social Justice and Empowerment as its members.
According to the press release, the committee met in May 2024 and set up a sub-committee to discuss and finalise the issues pertaining to ration cards, bank accounts, jail visitation requests, law and order measures to ensure that queer community do not face any threat of violence, harassment or coercion, etc. The sub-committee was set up under the Secretary of the Ministry of Home Affairs. The Department of Social Justice and Empowerment also held a ‘Consultation on LGBTQIA+ matters’ in July 2024.
The press release further stated that interim action has been taken regarding the formulation of policies for LGBTQIA+ persons. The Department of Food and Public Distribution has issued an advisory to all states and union territories directing them to treat partners in a queer relationship as part of the same household for the purposes of ration card; the Department of Financial Services has announced that there are no restrictions for persons of the queer community to open a joint bank account and also to nominate a person in queer relationship as a nominee to receive the balance in the account in the event of death of the account holder; the Ministry of Health and Family Welfare has directed all stakeholders to take measures ensuring the rights of LGBTQIA+ persons in healthcare, including prohibiting ‘conversion therapy’, providing gender confirming procedures, updating curricula, offering teleconsultation, training staff, and enabling body claims when relatives are unavailable.
Further, the Ministry of Health and Family Welfare has also framed guidelines in respect of medical intervention required in infants and children with intersex variations.
The public can send their suggestions regarding further measures to be taken with regards to the queer community to abhishek-upsc@gov.in and mayank.b@gov.in.
