A division bench of Justices Raja Vijayaraghavan V and PM Manoj noted that LGBTQIA+ individuals, face violence, stigma, discrimination and familial rejection from an early age on the basis of their identity.
“For many LGBTIQA+ individuals, especially in India, expressing their gender identity or sexuality, is an act of defiance in a society that continues to set rigid cultural norms for gender identity and expression…This stigma is often rooted in inaccurate beliefs and cultural norms that repress gender non-conforming behaviour and expressions. The economic, social and political discrimination against them can have long-term impacts on their mental health, employability, access to education, housing and shelter especially if such individuals experience familial rejection and isolation from social support systems,” the Court said.
Living under such circumstances can take a huge toll on individuals and therefore, it is important to recognise family as a site of violence and control.
“This rejection can take a devastating toll on individuals and isolate them from physical, emotional and economic resources that are essential to their well-being. In such cases, it is important to recognise the family as a site of violence and control for many queer women, who they need protection from rather than any “guardianship’,” the Court observed
Source: Barandbench
