The Delhi High Court on Monday dismissed a petition seeking to recognize the rights of the LGBT community by making laws on marriage, divorce, adoption etc. The petition filed by Tajinder Singh sought a direction to the central government to constitute an LGBT commission so that the rights of the minority community can come to the fore.
The division bench consisting of Chief Justice DN Patel and Justice C Hari Shankar dismissed the petition after a brief hearing citing that the court cannot direct the legislature to form a committee to guard the rights of the LGBT community and added that it would be slow in giving directions to the central government to formulate a policy.
The petitioner claimed that he had resorted to the court for the upliftment and development of the LGBT community coupled with the eradication of evils regularly faced by the community such including shame, fear, social pressure and discrimination. The petition also sought to make some amendments in the Hindu personal law on marriage, divorce and adoption which would be in favour of the LGBT.
The petition read-
“The Indian Constitution provides rights and protections to each and every citizen of this country whether he is in majority or in minority. The Constitution treats everyone equally without any discrimination. It is the duty of the State to ensure that no one should be discriminated against. Members of the LGBT community are in minority and they too have equal fundamental/constitutional rights. But their right to equality and right to get equal treatment in the society are violated on a regular basis,”
The petitioner also raised the question of equality of the LGBT community and added that in order to become prosperous and developed, country like India should not neglect a particular section of the community. Rather measures need to be taken to ensure that the LGBT community is treated on par with sections and that they are not discriminated against.
The central government in its response said that it is doing its best to improve the condition of the community and the concerned ministry is striving hard to achieve the objective.