Queries on LGBT rights ignore

Even as the Supreme Court is set to decide on February 2 whether it wants to reconsider its decision on retaining Section 377, the law which effectively criminalises homosexuality or relationships between LGBT (lesbians, gays, bisexuals and transgenders), the Madras High Court awaits a response from the Centre, which it had sought several months ago. 

While granting divorce to a couple wherein the wife alleged that the husband was gay and the husband in turn alleged the wife to be a lesbian, Justice N Kirubaran kept the transfer petitions pending to look into the problems alleged by the respective spouses. Based on that, he suo motu impleaded the Union Government through its Health Secretary, Law Secretary, Law Commission of Chennai and Law Commission of India and sought clarification on 15 pertinent questions. 

The judge asked if a section of society subscribed to sexuality (sexual orientation) different from the norm, was it not obligatory on the part of the Central Government to recognise that sexual orientation as that of a separate group and safeguard their rights, including a right to privacy as guaranteed under Article 21 of the Constitution of India for a dignified life? 

He also sought to know when more than 30 countries and even a conservative country like Ireland decriminalized homosexuality and legalized gay marriage by way of referendum, why not the Union Government decriminalize homosexuality in India. Raising other questions related to the issue, the judge had posted the matter on July 27, 2015 seeking answer for the queries raised through an affidavit. But till date the agencies are yet to respond. Meanwhile, as part of a campaign to voice their concerns, the Tamil Nadu Rainbow Coalition, an LGBT community here, organised a meet followed by a candlelight vigil, on Sunday.