'You Have Priority For Other Things, Not This': Madras High Court Questions State Over Delay In Policy For LGBTQ+ Persons

Justice Anand Venkatesh remarked that he was truly disappointed in the manner in which the state had been seeking adjournments without bringing up the policy. The court also remarked that the state had its priorities elsewhere and not for working for the people of the community.

“I'm very disappointed. You'll kill the enthusiasm of those who want to work for this. You have priority for other things. Not for this. If you want to pass a GO, you'll pass it the next day, if you want to challenge something, you'll even do it in the evening. No one's serious and no one wants to do anything,” the judge said.

The court reiterated that the state was loosing out on a big opportunity to set a precedent for the entire country. The court added that a welfare state should take these human factors into consideration and the only hope was that the government worked on these aspects.

“It's a big opportunity for the State. I don't know why they're not taking it up. I don't know who's advising the govt. These are all human factors that a welfare govt should take into consideration. The only hope is that the govt will do it and the atmosphere prevailing in the State is conducive for it,” the court said.

In the previous hearing, the court also prompted deliberations on the need for either bringing in a comprehensive policy for the LGBTQIA+ community or for bringing in two different policies – one for persons belonging to the transgender and intersex community and another for persons belonging to LGBQA community.

When the state had informed the court that it would consider all the concerns expressed by the parties during the hearing and sought for 3 months to finalise the policy. Following this, when the case was posted on Monday, the State again sought time to finalise the policy. The state submitted that it needed some more time to complete the process as some more stakeholders had to be consulted.

Though the petitioners urged the court to issue directions, the court refrained from doing so and remarked that if any orders were passed, the state would just approach the Apex Court and seek stay which would nullify all the efforts taken by the Court till now. The court thus adjourned the case to 21^st July 2025, and asked the state to take steps to complete the process.

Case Title: S Sushma and Another v. Director General of Police and Others

Case No: Writ Petition No.7284 of 2021