Police dgp is appreciated. In this order para 10. LGBTQIA+ case W.P.No.7284 of 2021 N. ANAND VENKATESH,. J. Pursuant to the earlier order passed by this Court on 23.12.2021, the matter has been posted for hearing today for reporting compliance of certain directions issued by this Court in the previous hearing. Pre

W.P.No.7284 of 2021
N. ANAND VENKATESH,. J.
Pursuant to the earlier order passed by this Court on 23.12.2021, the matter has been posted for hearing today for reporting compliance of certain directions issued by this Court in the previous hearing.
Prescriptive glossary for press & media
2. During the previous hearing, the learned counsel for the petitioner circulated a prescriptive glossary to be used while addressing the persons belonging to LGBTQIA+ community. This Court directed the learned Additional Advocate General to take note of the words and expressions suggested therein and come up with a standardized glossary of words and expressions to address persons belonging to LGBTQIA+ community.
3. Pursuant to the above directions issued by this Court, the Social Welfare and Women Empowerment Department has come up with a glossary which has been filed along with the status report by the Additional Chief Secretary to Government, Social Welfare and Women Empowerment Department.
The status report states as follows :
“15. It is respectfully submitted that as per the order of Hon’ble Court regarding the preparation of standardised quide/ prescriptive glossary, the Director of Tamil Etymological Dictionary Project has been consulted. He has informed that the Sl. No. 1, 2, 3, 4, 5, 6, 7, 10 and 13 of the glossary mentioned in the orders may be used as it is and informed the correction for the remaining words.
16. It is respectfully submitted that as per the Orders passed by the Hon’ble Court and the corrections made by the Director of Tamil
Etymological Dictionary Project to address LGBTQIA+ community, the Model Glossary for addressing the LGBTQIA+ Community is provided in the annexure”.
4. The learned Additional Advocate General submitted that sincere efforts were made by the department in coordination with the Director of Tamil
Etymological Dictionary Project in preparing the glossary. The learned Additional Advocate General therefore submitted that this can be used as standardized guide to address persons belonging to the LGBTQIA+ community and appropriate directions can be issued by this Court in this regard.
5. For proper appreciation, the entire glossary is extracted hereunder :

6. Before issuing any directions, this Court wants to place on record, its deep appreciation for the sincere efforts taken by the State Government in bringing out the glossary. This important step will ensure that the media, press and the society at large address persons belonging to LGBTQIA+ community in a more dignified and respectable manner. This effort taken by the Government will also repose a lot of confidence to the persons belonging to the LGBTQIA+ community and they get an assurance that the State Government is taking serious steps for their due recognition.
7. After the Order was dictated in the open court, representatives from the community took exception to some of the terms and definitions used in the glossary submitted by the Department. They presented an alternative glossary and requested me to consider implementing the same. I carefully went through the alternative glossary that was submitted and found that the alternative glossary depicts the persons belonging to the LGBTQ+ community in a more dignified and inclusive manner. The whole purpose of creating this glossary is to use the appropriate words, terms and expressions while addressing the persons belonging to the LGBTQ+ community and such usage should not continue to derogate them in any manner. Hence, I decided to give preference to the alternative glossary submitted to me by the members and stakeholders from the LGBTQ+ community. The alternate glossary is extracted hereunder.  

8. In view of the above, there shall be a direction to the pressand media (in all forms) to henceforth use the words contained in the alternate glossary while addressing persons belonging to LGBTQIA+ community. This Court wants to reiterate its confidence in the press and media, and sincerely hopes that the direction given by this Court will be followed in letter and spirit. The Department of Social Welfare and Women Empowerment is directed to publish a fresh glossary in line with the suggestions made by the members and stakeholders from the LGBTQ+ community.
Amendment to the TN Subordinate Police Conduct Rules, 1964- A milestone
9. In the last hearing, the State Public Prosecutor had assured this Court that the Tamil Nadu Subordinate Police Conduct Rules, 1964 will be amended by inserting a Rule against the police harassment of the LGBTQIA+ community and persons working for their welfare. When the matter was taken up for hearing today,
the learned Public Prosecutor circulated the Government Order in G.O.Ms.No.52, dated 29.01.2022 and submitted that Rule 24-C has been inserted in the relevant Rules. For proper appreciation, the amending provision is extracted hereunder :
“AMENDMENT.
In the Rules, after rule 24-B, the following rule shall inserted,
“24-C. Police officer shall indulge any harassment any belonging LGBTQIA (Lesbian, Bisexual, Transgender, Queer, Intersex, Asexual) Community and persons working the welfare of the community.
Explanation: include the right police to make enquiry as per procedure established by law”.
(By order of the Governer)
S.K.PRABAKAR
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT”
10. The above Government Order should be considered as a milestone since it is a decisive step taken by the State Government to inform persons belonging to the LGBTQIA+ community that the Government is making an earnest effort to create inclusive and safe spaces for the community and bring about a protective environment. Most of the complaints are against the police officers who allegedly involve in harassing/abusing persons belonging to the LGBTQIA+ community and also those who work towards the welfare of the community. It is under these circumstances, this Court urged the State Government introduce and implement appropriate Rules to treat any such harassment by any police officer as a violation of the Conduct Rules. Accordingly, the above amendment has been inserted and brought into force under the relevant Conduct Rules with effect from 16.02.2022. Until now, in addressing the members of the LGBTQ community, referrence or connotation has been made only to transgender persons and more specifically, transgender women. The rest of the community has been ignored and kept out of the entire context. For the first time in India, the State Government has consciously addressed all the persons belonging to the LGBTQIA+ community. This indicates growing awareness in addressing all persons belonging to this community instead of using the terms “transgender” or “thirunangaigal” as an umbrella term for the entire community. This Court already noticed that there was a lot of awareness among the police officers after the initial orders were passed since certain awareness programmes were conducted and they were sensitized about the issue. By virtue of the amendment to the Conduct Rules, this Court hopes that persons belonging to the LGBTQIA+ community will not face any harassment in the hands of any police officer. The State Public Prosecutor submitted that the sensitization programmes are conducted regularly and that the guidelines issued by this Court is brought to the notice of the police personnel on a regular basis. Sincere steps taken by the State Government and the Director General of police deserves the appreciation of this Court.
Policy- transgender community
11. The learned Additional Advocate General submitted that insofar as the Transgender policy is concerned, a draft has been prepared and circulated to all stakeholders, and suggestions have been invited. The learned Additional Advocate General submitted that more time is required to finalise the said policy before submitting it before this Court.
Garima Greh
12. During the previous hearing, this Court had directed the tenth respondent to consider extending the Garima Greh Scheme to all persons belonging to the LGBTQIA+ community and not to confine it to the Transgender persons. In this regard, the status report that has been filed by the tenth respondent states as follows :
“2. I state that with regards to the averments made at Para 4 of the
Order dated 23.12.2021, it is stated that Chapter I (k) of “The Transgender Persons (Protection of Rights) Act, 2019” provides that “transgender person” means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, gender queer and person having such socio-cultural identities as kinner, hijra, aravani and jogta.
The SMILE Support for Marginalized Individuals for Livelihood and Enterprise scheme is an implementation model for the welfare measures guaranteed to “Transgender person” under the Transgender Persons (Protection of Rights) Act, 2019. However, all the welfare schemes of all the Ministries including reservations are applicable to LGBTQI+ population depending on their eligibility criteria. Further, it is submitted that Ministry can not go beyond the subject allocated under the Allocation of Business Rules. SMILE Scheme has been launched on 12.02.2022 by Hon’ble Minister of Social Justice and Empowerment. As submitted earlier, scheme has provision for Post/Pre-matric scholarships for Transgender students, comprehensive medical package in convergence with PM-JAY which shall also support Gender-Reaffirmation surgeries to Transgender persons through empanelled hospitals. The package would be fully funded by the Ministry of Social Justice & Empowerment. Further, Ministry is going to set-up Transgender Protection Cell under the charge of Director general of Police to monitor cases of offences against Transgender persons and to ensure timely registration, investigation and prosecution of offences.
Garima Greh are the shelter homes for “Transgender person” under the Transgender Persons (Protection of Rights) Act, 2019. LGBTQI+ each segment is individual and separate persons having different physical, psychological variations and sexual orientations. Therefore, putting them under one roof of Garima Greh may not be feasible and appreciated by the community. This may also give rise to dissensions, fights and incidents of violence within the residents. Further, this Ministry has only the mandate of dealing with
“Transgender Person only.”
13. The learned Senior Panel Counsel submitted that he is meticulously following up with the tenth respondent as well as the Home Ministry and will ensure that some clarity be given on this issue before the next date of hearing. The submissions made by the learned Senior Panel Counsel are hereby recorded.
On enlisting NGOs
14. This Court, during the previous hearing, gave a specific direction to the tenth respondent to complete enlisting the NGOs with all the details and upload the same on their website. The status report filed by the tenth respondent is completely bereft of details. The annexure to the report reflects only 9 NGOs across India. This list is an inaccurate indication of the number of NGOs working towards the welfare, protection and upliftment of the LGBTQIA+ community in India.. This Court has been repeatedly insisting that the tenth respondent undertake the process, and till date, there is no progress.
15. In view of the above, a final opportunity is given to the tenth respondent to comply with the earlier direction issued by this
Court. Infact, the e-mail correspondence made by the learned Senior Panel Counsel on 17.02.2022 precisely addressed the issue, and if the tenth respondent had taken this communication seriously, there would have been some progress. It is made clear that if the tenth respondent does not complete the process of enlisting the NGOs with all details and upload the same on their website before the next date of hearing, the Under Secretary to the Department of Social Justice and Empowerment, Government of India shall be present before this Court.
NCERT manual on trans inclusion
16. Insofar as the directions issued to NCERT is concerned, a status report has been filed and the same is extracted hereunder :
“A committee for review of the said manual and customizing it as a training module for sensitization of different stakeholders on inclusion of transgender students in school had been constituted at the NCERT level. The first meeting of the committee for planning the module was held on February 3rd 2022 with experts, school counselor, school teacher, persons from school administration, representatives of NCPCR, NHRC,
NCTP, MOSJE as well as senior faculty members from NCERT.
During the meeting, the purpose of the module, stakeholders
to be sensitized through the module and features of the module were discussed thoroughly. A conceptual framework of the module will be prepared soon on the basis of the discussion held in the said meeting and soon another meeting will be held to start working upon the content module. ”
17. The status report filed by NCERT gives an impression that they are in the process of creating a fresh training module and this stand goes contrary to the earlier status report filed by the NCERT on 23.12.2021 wherein, the counsel informed this Court that the training module that was already prepared is going to be reviewed in three stages, and the modified training module will be made operational from the next academic year i.e. 2022-2023. Based on the specific stand taken by NCERT, this Court directed NCERT to explain the ongoing stage of the review during every date of hearing. The status report is probably not happily worded and this Court hopes that NCERT is proceeding further with the stand taken during the earlier hearing, and is only in the process of reviewing the available module. The undertaking given before this Court that the NCERT will roll out the training module by the next academic session shall be adhered to.
Safety of transgender persons in prisons
18. It is brought to the notice of this Court that the Ministry of Women Affairs has issued a communication dated 10.01.2022 to all the Chief Secretaries of all States and Union Territories and the Director General/IG (Prisons) of all the States and Union Territories. Through this communication guidelines have been given for proper treatment and care of Transgender persons in prisons. For proper appreciation, the communication is extracted hereunder :
The Government of India has enacted ‘The Transgender Persons (Protection of Rights) Act, 2019. The Act defines a “transgender person” as a person whose gender does not match with the gender assigned to that person at birth and includes Transgender persons as defined in the act trans-man or trans-woman (whether or not such person has undergone gender reaffirmation surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer’ and person having such socio-cultural identities as ‘kinner’, ‘hijra’. ‘aravani’ and ‘jogta” The Act inter-alia provides for recognition of identity of transgender persons, prohibition against discrimination, and welfare measures to be taken by the Government, etc.
2. In exercise of the powers conferred under the Act, the Government of India notified the Transgender Persons (Protection of Rights) Rules, 2020 on 25th September, 2020. These Rules inter-alia specify the procedure by which a transgender person can obtain a certificate of identity, welfare. measures for transgender persons, their education, social security, health, and provisions for non-discrimination, etc.
3. Keeping in view the need for ensuring the safety of transgender persons and to protect them against any form of exploitation in the context of Prisons and Correctional facilities, the following suggestions are shared with all State/UT Prison
authorities:
(a) Identity: A transgender person shall have the right to be recognized as such, in accordance with the provisions of the Transgender Persons (Protection of Rights) Act, 2019. A person recognized as a transgender person under the provisions of the said Act shall have a right to self perceived gender identity.
b) Infrastructure in Prisons. Appropriate arrangements for providing A separate enclosure/Ward for suitable accommodation and facilities in accordance with their gender b) identity may be made in the prisons. transgender inmates for transmen and transwomen may be ensured and also such enclosures should be separate from male and female wards/enclosure. However, while making provision for a separate enclosure for transgender prisoners, due care may be taken by the prison authorities that this may not result in their complete isolation or propagate social stigma among such prisoners. There should also be adequate preservation of right to privacy and dignity in regard to separate toilets for transmen and transwomen as well as shower facilities.
C) Self-identity to be respected: Self-identity of transgender persons must be respected at all times in regard to admission procedures, medical examination, search, lodging, clothing, requisitioning of police escorts, treatment and care inside prisons.
The prison department may facilitate the process of acquiring the
Transgender identity rtificate under the provisions of The
Transgender Persons (Protection of Rights) Act, 2019, if such a request is made by the person concerned by registering them on the Online National Portal for Transgender Persons to avail welfare measures.
d) Admission in Prison: The Prison Admission register may be suitably revised to include ‘transgender’ as a category other than male and female gender. Similar provision may also be made in the Prison Management System in maintaining electronic records of the prisons. In case the Court Warrant does not mention the selfidentified gender of the person or if the gender mentioned is disputed by the person, the Superintendent may, with the assistance of legal services authorities, assist the person to make an application for change in gender identity.
e) Search of Transgender prisoners: The search of a transgender person may be conducted by a person of their preferred gender or by a trained medical professional or a paramedic with necessary training on conducting the search. The person conducting the search must ensure the safety, privacy and dignity of the person being searched. At the stage where the search procedure requires stripping, it must be done in a private room or partition. The search procedure should be confined to compliance with security protocols and restriction of contraband and should not be aimed at determining the gender of the person.
f) Access to Healthcare Transgender prisoners shall enjoy the same standards of health care available to other inmates and should have access to necessary health-care services without discrimination on the grounds of their gender identity. If in-house expertise of health professionals does not exist to assess and/or provide appropriate care, they may be referred to doctors/ professionals who specialize in this area of health care.
g) Communication with Outside World: Every prisoner shall be allowed reasonable facilities of meeting or communicating with their family members (natal or chosen) relatives, friends and legal advisers for the preparation of appeal or for procuring bail or for arranging the management of their property and family affairs. They shall be allowed to have interviews with their family members, relatives, friends and legal advisers h) After care and
Rehabilitation: After care planning by the Probation/ Welfare/ Rehabilitation Officer to include and affirm families of choice of the transgender person and specific health needs of transgender persons with regard to their mental and gender affirmative processes, over and above the scope of rehabilitation/ aftercare/ welfare of prisoners.
i) Training and Sensitization of Prison Personnel: Training modules may be devised in collaboration with Ministry of Social Justice & Empowerment, prison training institutes, state health department, human rights commission, Legal Services Authorities and with representatives from transgender communities, etc. for developing an understanding of gender identity, gender dysphoria, Human Rights, sexual orientation and legal frameworks for transgender persons; training of medical officers on the standards of care for transgender persons, transgender person’s right to decide their self-identified gender and designing public and Prisoner awareness programs on the rights of transgender persons.
4. State/UT authorities may like to suitably brief and sensitize the prison officials of the above and take appropriate action for the protection of rights. of transgender prisoners and their welfare, etc.
19. This Court while passing orders on 06.12.2021 identified certain offensive and unscientific terms about the LGBTQIA+ community in the existing competencies of CBME Curriculum. The existing competencies and the changes that are required in those competencies were also suggested in that order.
20. When the matter came up for hearing on 23.12.2021, the learned Standing Counsel appearing on behalf of National Medical Council submitted that an expert committee has been constituted by National Medical Council to specifically look into the concerns raised by this Court and to submit a report. This Court took into consideration the submissions of the learned Standing Counsel and directed the National Medical Council to get the report from the expert committee and make all efforts to amend the competencies of the CBME Curriculum and make it operational atleast from the next academic year.
21. Pursuant to the above directions issued by this Court, the learned Standing counsel appearing on behalf of NMC submitted a status report. It is seen from the status report that an expert committee was formed to address the issues / suggestions raised by this Court during the previous hearing. The expert committee held meetings on 13.01.2022 and 19.01.2022 and discussed various issues and submitted a report. The report suggested the modified competency which should be incorporated in the CBME Curriculum. For proper appreciation, the relevant portions in the status report are extracted hereunder :-

22. This Court wants to place its appreciation to the sincereefforts taken by the National Medical Council. This Court must also place on record its appreciation for the expert committee which had discussed each and every existing competency and suggested the modified competency. The very composition of the committee shows that the NMC was earnestly attempting to get the suggestions and implement the same, by amending the
competencies prescribed under the CBME curriculum.
23. It is clear from the report that the modified competency is readily available and that what is pending is only its implementation i.e. incorporation in the relevant published books and materials. .
24. In the considered view of this Court, the National Medical Council can issue appropriate directions to all the universities to follow only those books in which the modified competency is incorporated and published, atleast from the next academic year
i.e. 2022-2023.
25. One more important recommendation that has been made by the expert committee is with regard to the “conversion therapy” being identified as a professional misconduct. In the recommendations, the committee had made it very clear that any attempt / interventions to change the sexual orientation and/or gender identity of a person, which is commonly referred to as “conversion therapy”, should be construed as a professional misconduct on the part of the medical professionals under Chapter VII of the Indian Medical Council, Professional Conduct, Etiquette and Ethics Regulation, 2002. The National Medical Council on the basis of the recommendations made by the expert committee, through their communication dated 15.02.2022, has specifically directed the National Medical Council- Ethics and Medical
Registration Board to take action wherever such “conversion therapies” are undertaken by any medical professional. Section 27 of the National Medical Council Act, 2019 specifically provides that the compliance of the Code of Professional and Ethical Conduct shall be done through the State Medical Council wherever the concerned State Medical Council has been conferred with the power to take disciplinary action with respect to professional or ethical misconduct. In view of the same, there shall be a direction to the National Medical Council to immediately circulate the report of the expert committee and the recommendations made to all the State
Medical Councils across the country. This will ensure that the State Medical Council, wherever it is conferred with the power of taking disciplinary action for professional misconduct, can take note of the recommendations of the expert committee, and proceed to take action against the concerned medical professional. This direction shall be complied with by the National Medical Council within a period of four weeks.
26. The Tamil Nadu State Medical Council is suo-motuimpleaded as the 24th respondent in this Writ Petition. Mr.G.Sankaran, learned Standing Counsel for Tamil Nadu Medical Council takes notice. The 24th respondent shall take note of the recommendations made by the expert committee and wherever any complaint is received with regard to “conversion therapy”, appropriate action shall be taken in accordance with the existing rules.
27. The learned Standing Counsel appearing on behalf of the State Legal Services Authority submitted that a program has been organised for training the trainers to effectively deal with the problems / issues faced by persons belonging to the LGBTQIA+ community. The learned counsel submitted that this training will be given to empanelled counsels in all the 32 Districts. The learned counsel further submitted that a report will be filed during the next date of hearing and updates will be provided in the said report.
28. Post this case under the caption “for filing further report” and “for reporting compliance” on 08.04.2022 @ 2.15 p.m.
18.02.2022
Internet: Yes
Index: Yes/No
KP/RKA/LPP
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N.ANAND VENKATESH.,J
KP/RKA/LPP
WP No.7284 of 2021
18.02.2022
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