In a landmark move, the Madras High Court has proposed a significant initiative to recognize and protect the rights of LGBTQIA+ individuals. Justice Anand Venkatesh, presiding over the case, suggested that the Tamil Nadu government consider establishing a procedure for registering a ‘Deed of Familial Association’ for LGBTQIA+ partners. This initiative is aimed at safeguarding the fundamental rights of members of the LGBTQIA+ community and providing legal recognition to their relationships.
The proposal for the Deed of Familial Association emerged during the hearing of a plea filed by Prasanna, who intervened in an ongoing case that began with a plea by a lesbian couple seeking protection from their relatives. Prasanna emphasized the need for familial recognition among LGBTQIA+ persons who choose to form and retain families. The deed, as proposed, would ensure that two individuals have the right to live in a relationship and also have the right to protection.
Justice Venkatesh, in his observation, highlighted the significance of this deed, stating,
“In the considered view of this Court, the proposal that has been brought forth by the petitioner, prima facie sounds convincing. This is more so, since the Hon’ble Apex Court in the Supriyo’s case [cited supra], has categorically recognized the right of choice of two persons to have a relationship. In view of the same, such persons must have protection to live in the Society without being disturbed or harassed. For that purpose, the Deed of Familial Association will at least give some respect and status to such relationship.”
The court noted that the Deed of Familial Association is not barred under the Indian Contract Act and would provide some respect and status to the relationship between two persons. The court further observed,
“The Deed of Familial Association will at least give some respect and status to such relationship.”
The Tamil Nadu government had previously informed the Madras High Court about its process of finalizing a policy for the LGBTQIA+ community, a first in the country. The Draft Rules for Tamil Nadu Transgender Persons (Protection of Rights) Rules, 2022, have already been notified and forwarded for approval.
The court’s proposal for the Deed of Familial Association is seen as a progressive step in recognizing and protecting the rights of LGBTQIA+ individuals, ensuring their right to live without being disturbed or harassed. The court suggested that the Social Welfare and Women Empowerment Department, which is finalizing the policy for the LGBTQIA+ community, could consider Prasanna’s proposal and develop a procedure to register the deed, thereby enhancing the status of such individuals in society.
This move by the Madras High Court is a significant step towards inclusivity and recognition of the rights of LGBTQIA+ individuals, aligning with the broader efforts to ensure equality and justice for all members of society.
