Now The Corporate Needs To Keep Pace With The Judiciary; Madras HC’s Judgement on Inclusion of LGBTQ+ Community
While the woke Corporates celebrate PRIDE Month worldwide, a “not fully woke” Judge decided to undergo counselling to better understand LGBTQ+ communities and same-sex relationships.
The Judiciary, traditionally very conservative and hetero-patriarchal, may be outpacing the Corporations in embracing the LGBTQ+, as shown by tika-clad Honorable Justice, N. Anand Venkatesh. Soon the school curriculum may also start education on the LGBTQ+ so that the coming generations don’t feel obliged to get a “psycho-education” amid their careers, as this Justice did.
India Inc. Is Way Behind The World In Reaping The Rewards
Very few corporations can take pride in having a sizable representation of the LGBTQ+ in their workplace, or a representation at all. But it’s never too late to make things right. June being the Pride month and this HC judgement giving a boost to the Indian LGBTQ+ movement, which was gaining momentum after the decriminalization of homosexuality in 2018, the time is ripe for employers who have not yet opened their corporate doors to LGBTQ+ to do so now.
Diversity and Inclusion in workplace has long been recognized as a critical business driver. However, the LGBTQ+ segment of the employee base has been neglected and still unrecognized, especially in Indian companies. Though many MNCs have imported LGBTQ+ friendly policies from the U.S. and Europe into the Indian workplace, the Indian corporates have steered clear of this segment, especially since homosexuality was re-criminalized in 2013. Consequently, India Inc. is way behind the world in reaping the rewards of Inclusion in the workplace and sharing them with their diverse employees.
Discrimination Is Commonplace
Stats: According to the Indian LGBTQ+ Climate Survey 2016 – 40% of the respondents faced harassment at the workplace. In the words of Parmesh Shahani, Head of Godrej India Culture Lab, “Homophobia is rampant, and discrimination is commonplace; worse, it happens in a culture of silence.”
But now, and thanks to such progressive judgements, Climate Change is in the air. If it’s time for even a highly distinguished judge to take action on his self-proclaimed “ignorance,” it’s undoubtedly for the rest of us to change all our preconceived notions about homosexuality. “Ignorance is no justification for accepting (or normalizing) any form of discrimination,” stated Justice Venkatesh.
What has changed after this Madras HC Judgement?
Not much, and yet a lot – Even though this HC has jurisdiction only in the State of Tamil Nadu, we hope that it is only a matter of time before other Courts embrace and follow this HC’s vision. As of now, the HC has given Interim Orders to the Central and State governments to comply with a host of directions on LGBTQ+ Inclusion and give recommendations back to the HC. It will then pass further Orders, for which a date is set on 31 Aug 2021. (S. Sushma v. Commissioner of Police, Dated 7th June 2021)
All eyes will be on this enterprising Judge.
Interesting Stats: About one in six adult members of Generation Z (those aged 18 to 23 in 2020) are more likely to identify themselves to be someone other than heterosexuals. (Gallup’s Latest LGBTQ+ Update)
As society sheds the severe sex and gender bias from its collective mindset, the corporations cannot afford to be left behind now, can they?
Is this Judgement a law/mandate for the whole country?
No, it’s not! It’s just one particular state’s High Court Judge asking society to become sensitized to the LGBTQ+ community’s struggles, amongst other directions, including Sensitization/Awareness Programs and Workshops at private workplaces. It’s a matter of conscience.
In matters of conscience, the law of the majority has no place.
Mahatma Gandhi
An excerpt (in succinct) for Private Institutions, from the HC Judgement:
| Stakeholders: Public and Private workplace/ institutions | Sensitization Programs: Awareness Programs for employees. To also include the prohibition of discrimination, as provided under the Transgender Persons (Protection of Rights), Act 2019 and Rules, 2020. Suitable changes in hiring policies, human resource policies. Support and extension of benefits. To adopt policies that address non-discrimination on grounds of sexual orientation and Sexual Harassment. | Concerned Department/ Government: Government of India and Government of Tamil Nadu |
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Author: Sumali Nagarajan
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References:
‘Change must take place…’: Madras HC interim order on LGBTQIA community | Hindustan Times
https://www.barandbench.com/news/litigation/madras-high-court-bans-medical-attempts-cure-sexual-orientation-changes-school-curricula-lgbtq
A big thank you for Justice Anand Venkatesh – TheLeaflet
‘Not fully woke’: Judge decides to undergo counselling before giving Judgement on same-sex couple’s case | Chennai News Headlines (timesnownews.com)
1559396942000-mingle-lgbt-wrkplc-climt-srvy-2016.pdf (vartagensex.org)
Notable LGBT Awareness Dates and Events – SexualDiversity.Org
S_Sushma_v_Commissioner_of_Police.pdf
