BY S VENKAT NARAYAN,
Our Special Correspondent
NEW DELHI:
In an unprecedented move, a judge of the Madras High Court decided last Wednesday to undergo psychoeducation before delivering a judgment on same sex relationships.
Justice N. Anand Venkatesh feels words on the subject should come from his heart and not from his head. He has requested a psychologist to give him an appointment so that the professional can help him understand such relationships and pave the way for “his evolution”.
Passing interim orders on a petition filed by two young women with same sex orientation, the judge said on Wednesday: “Insofar as the request made by the learned counsel S. Manuraj, for the petitioners, to set out guidelines in cases of this nature is concerned, I want to give myself some more time to churn. Ultimately, in this case, the words must come from my heart and not from my head, and the same will not be possible if I am not fully woke on this aspect.”
Hence, he wanted to subject himself to psychoeducation with Vidya Dinakaran, a psychologist and an expert working with Lesbian, Gay, Bisexual and Transgender (LGBT) community. “If I write an order after undergoing psychoeducation, I trust that the words will fall from my heart.”
Fearing threats to their lives from their parents, the two women graduates from Madurai Kamaraj University had approached the High Court last month. They had fled home, taken refuge at the International Foundation for Crime Prevention and Victim Care, a non-governmental organisation in Chennai, and are looking for jobs.
After holding in-camera proceedings with them and their parents, the judge found that they all required counselling by a psychologist and accordingly asked them to attend a session with Ms. Dinakaran.
After the first round of counselling, the psychologist submitted a report on Wednesday. In it, she said the petitioners perfectly understand the relationship between them, and have absolutely no confusion in their minds. They want to continue their education and work as well as stay in touch with their parents. However, the women fear that their parents may force them to get separated now, and are willing to wait until the latter could understand the relationship.
On the mental state of the parents, she opined that they were more concerned about the stigma attached to the relationship in society and the consequences that may ensue on their families. The parents are also concerned about the safety and security of their respective daughters.
The report said that the parents would rather prefer their daughters to live a life of celibacy, which according to them will be more dignified than having a partner of the same sex. They also have serious confusions regarding the lineage, adoption and other normal consequences that follow a heterosexual relationship, and as to how the same will apply in a case of same sex relationship.
After taking the report on file, the judge said the parents cannot not be expected to change their notions overnight.
Therefore, he directed them to attend one more counselling session before the case could be heard next on June 7.
On March 31, Justice Venkatesh wrote that he was trying to break his own preconceived notions about same sex relationships and was in the process of evolving and sincerely attempting to understand the feelings of people involved in such relationships and also that of their parents to whom such relationships involving their children come as a rude shock.
Passing interim orders on a petition filed by the two young women with same sex orientation, the judge sent the petitioners and their parents for counselling to an expert working with Vidya Dinakaran, who works with the LGBT community and obtain a report.
He wrote: “I personally spent time doing research and collecting materials to arrive at a proper understanding of this issue. It would have been possible for me to pack my order with a lot of research material and get applauded by the outside world for rendering a scholarly order. However, there was a call from inside which kept reminding me that if I venture into such an exercise at this stage, it will only be hypocritical of me since the order will not reveal my true and honest feeling about this very important issue.”
“To be open, I am also trying to break my own preconceived notions about this issue. I am in the process of evolving, and sincerely attempting to understand the feelings of the petitioners and their parents. Thereafter, I shall proceed to write a detailed order on this issue. That is the reason why I am trying to develop this case brick by brick, and ultimately construct something purposeful on this issue,” the judge added.
