Even in today’s day and age, where people are struggling a lot to find their individuality and prove their mettle, the court of law has to intervene to hold that an individual has the right to choose their company and live as per their terms.
“The transgender have the right to wander about or associate with like-minded people and cannot be compelled to be at his parental home,” quoted the panel of judges at the Kerala High Court refusing to allow a habeas corpus petition filed by the mother of a transgender person.
They upheld the values of the fundamental rights guaranteed to the members of the transgender community under Article 19(1)(a) and dismissed the mother’s plea (after medical examination) that his ‘son’, 25, was undergoing ‘mood disorder with psychotic features’ and was at a risk of his life if he leaves his parental house and live with the people of the community.
In the light of this we spoke to a panel member of the LGBTQI community to understand their views on the verdict.
Amit Chopra, recruiter and NGO worker, says that, “The judgement of the high court here is definitely a relief because I would feel more comfortable with a group of men than any other person. Also, there might be instances where the parent is not ready to accept the gay child but even then they want to take their custody or may take them for a shock therapy or so. This can actually take a very bad turn hence it should be left to the person where ever he wants to go, if he feels safe with his parents he should be okay with being with the parents.
“Also, I think the mother here needs to be educated because someone being a transgender is his/her personal right, it’s their body and they are free to decide which gender they want to be. We just need to educate the parents that there is nothing wrong with you child.
“People usually feel that if someone is supposed to be transgender then he is supposed to be on the streets begging for money. But there are many examples out there that show that there are many transgender people doing well in their life, be it working in any corporate or managing their own business.
“There are these stigmas in the trans-community like these which can only go away with education. Some even do not know the difference between transgender and gay. Ideally this is why parents behave in such a manner.”
Other representative of the LGBTQI community feels that a major has full rights to take decisions of his life. “Firstly, the family has these stigmas with the idea of sexuality altogether. But parents tend to surprise us too. And it is often the social pressures that lead parents to forcefully dominate their child into living with them or taking them to a psychiatrist as according to them, transgender sexuality is a mental condition. However, gender dysphoria, stress and anxiety can arise which sometimes needs medical attention.
“Moreover, it might happen that a parent is speaking out of concern because in some case, people are exploited and misused, knowing the fact that they are no more living with their family and has no support. But that said, again both of them need to understand the depth of the matter and not succumb to societal norms but think about themselves.
“Any person, one who recognised as a part of the community or any individual has the right to live life on their terms when they are mature enough. This is what comes in the judgement and I am happy about it,” he adds.
“Even I had to undergo the same situation,” says Sanaya, an artist. “My parents weren’t happy enough when I opened out to them. Over time there was a gap between us and everything was getting worse. Hence, I decided to part ways with my parents.
“They let me do so with the fear of their existence in society. I started dressing like a female and they didn’t want the society to identify me as a transgender. In such cases, it is always good to move on mutually. I think this decision of the court comes as a support for those who want to take this stand and live on their own terms, with people they are comfortable with,” she adds.
#Views expressed are those of the respondents and Pune365 does not necessarily subscribe to them. Names changed to protect privacy.
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