It also sought changes in curricula to educate students on understanding them. Ignorance was no justification for normalising discrimination, said the judge, who had taken efforts to understand and educate himself after accepting that he, too, belonged to the majority who were yet to completely comprehend homosexuality. Any law in this regard would not be effective without it being acknowledged by society, an awakening which would not to happen overnight, he said. “It requires regular deliberation and it has to necessarily fall out very strongly from the constitutional institutions to create awareness,” he said.
Noting that the present generation desperately wanted to find a solution, at least to let the community to live peacefully, the court expressed hope that the legislature would start evincing more interest. However, the community could not be left in a vulnerable atmosphere without any guarantee for their protection and safety till a law was enacted, he said, issuing directions for recognition of their rights and to ensure safety and security to lead a life they chose.
A meaningful attempt to identify and eliminate discrimination must necessarily involve the protection of Constitutional values of personal autonomy, dignity, liberty and privacy, the court added. Strict action should be taken against those indulging in ‘curing’ sexual orientation, the judge said, adding that if they receive any complaint involving consenting LGBTQIA+ adults, the police should close it without harassing them. The court also directed the Ministry of Social Justice - Empowerment to enlist NGOs to help in resolving the issues.