Madras HC affirms LGBTQ rights in landmark deed of familial association case

Madras HC affirms LGBTQ rights in landmark deed of familial association case

On Friday, the Madras High Court encouraged the government of Tamil Nadu to acknowledge the "Deed of Familial Association" as a legally binding document to affirm the rights of same-sex couples. The court emphasized that accepting this document would contribute to elevating the status of individuals in such relationships within society.

The directive was issued in response to a petition filed by a lesbian couple who sought legal protection from their family members.

Justice N Anand Venkatesh expressed that implementing such a provision could serve as a protective measure for the rights of LGBTQIA+ individuals, enabling them to lead their lives free from disturbance or harassment.

The court suggested that, during the process of addressing this matter, the proposal presented by the petitioner could be considered. It recommended that the State develop a procedure for the registration of the "Deed of Familial Association" and define the extent and purpose of such a document.

The court additionally observed, "Upon implementing this, the State can officially recognize individuals in the LGBTQAI+ community who are in a relationship, significantly elevating their societal standing. This recommendation from the court should be considered in the formulation of the policy for the LGBTQAI+ community."

Justice Venkatesh instructed the Social Welfare and Women Empowerment Department, currently working on shaping a policy for the LGBTQIA+ community, to incorporate a mechanism for registering deeds of familial association.

Throughout the proceedings, the Court had issued multiple directives with the aim of advancing the well-being of individuals within the LGBTQIA+ community.

 

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