Justice N Anand Venkatesh said that such a provision could safeguard the rights of members of the LGBTQIA+ community and ensure that they are able to live without being disturbed or harassed.
The judge also noted that the right to choose to have and live in a relationship and the right to protection from harassment was recognised by the majority opinion of the Supreme Court in the Constitution Bench decision in Supriyo @ Supriya & Anr. v Union of India.
“In the considered view of this Court, the proposal that has been brought forth by the petitioner, prima facie sounds convincing. This is more so, since the apex court in the Supriyo’s case, has categorically recognized the right of choice of two persons to have relationship. In view of the same, such persons must have protection to live in the society without being disturbed or harassed. For that purpose, the Deed of Familial Association will at least give some respect and status to such relationship,” the Court said.
Justice Venkatesh, therefore, directed the Social Welfare and Women Empowerment Department, which is already in the process of finalizing a policy for the LGBTQIA+ community, to consider a system for registering deeds of familial association.
“While undertaking this exercise, this suggestion/proposal given by the petitioner can be taken into consideration and the State can come up with a procedure for registration of such Deed of Familial Association and the scope of such a deed. If that is done, the State will be able to give its stamp of approval to persons, who are in a relationship in the community and to a great extent, this will enhance the status of such persons in the society. This suggestion given by this Court shall be kept in mind while finalizing the policy for LGBTQAI+ community,” the order stated.
Source: Barandbench
