HC declines to entertain plea for recognising relationship of LGBT community members

New Delhi: The Delhi High Court Monday declined to entertain a plea seeking to recognise the relationship of members of LGBT community by making law and regulations relating to marriage, adoption and divorce.

A bench of Chief Justice D N Patel and Justice C Hari Shankar said drafting of a law is an exclusive power of the legislature and not the judiciary. "It appears that this court will be extremely slow to give direction to draft a legislation or regulation or policy," the bench said and disposed of the petition. During the hearing, the bench also asked, "Can a writ court direct the legislature to draft a law? Is a writ court supposed to do this?" The petitioner also prayed that the Centre and the Delhi government be directed to constitute a Lesbian, gay, bisexual and transgender (LGBT) commission in Delhi for upliftment and welfare of members of the community.

The bench said the authorities were permitted to do so if they wished, and it finds no reason to pass a direction in this regard. The petition, filed by advocates Tajinder Singh and Anurag Chauhan, sought that the commission be constituted to eradicate the problems such as fear, shame, gender dysphoria, social pressure, depression and social stigma and also to create awareness among the general public. The plea also sought for bringing in appropriate changes to the Hindu Marriage Act and other personal laws to recognise the rights pertaining to marriage and adoption.

The Centre, in a reply to the petition, has said that the ministry concerned is taking all necessary measures for upliftment of transgenders and to bring them in the mainstream. The petition said, "Not only society as a whole but State machinery also treat the LGBT community differently, especially police. They are a regular victim of rights violations. They are deprived of their basic human right and right to life which includes the right to enjoy life properly." It said the first step is sex education in schools and at homes. A child must feel comfortable discussing problems or issues related to sexual matters and even their sexual choices with their parents or teachers, and it is important that they fully appreciate their wards' situation and guide them accordingly, it added.

"Law enforcement agencies such as police also need sensitisation so that they will be able to appreciate the genuine concerns of members of the LGBT community. Similarly, our media and film fraternity is required to be more considerate while depicting such people in their shows and films respectively," the plea said.