The Madras High Court in a judgement of S Sushma v. Commissioner of Police emphasised the viewpoint of society towards the LGBTQIA+ community and the same-sex relationships. Hon'ble Justice N Anand Venkatesh admitted that he was prejudicial towards the LGBTQIA+ community and he also highlighted the need to overcome the personal prejudice in today's scenario.
"Ignorance is no justification for normalizing any form of discrimination"
In the judgement, it was said that being ignorant about other's identity was no reasonable justification to normalise discrimination based on an individual's sexual orientation. The court was hearing a plea moved by the lesbian couple seeking protection from the family members.
Justice N Anand Venkatesh also stated that he too was a part of the majority who were fully able to comprehend homosexuality but still he believed that ignorance, not an excuse for discriminating against people. The judge also mentioned his counselling session with a psychologist by name of Vidya Dinakaran to comprehend the subject and unlearn his prejudices, he also shared his counselling report in the judgement.
In the judgement, it was noted that the individuals generally find difficulty in comprehending something they have not experienced. It was also said that society has created a notion to address the terms “homosexual”, “gay”, “lesbian” as anathema and it was pointed out that what ideas society imprinted as per their definition of "fit & proper", but what one would know unless they experienced the same. He also mentioned that when two same-sex individuals became friends, everyone appreciates them instead of objecting. On the other hand, when two individuals became partners and got involved in a homosexual relationship then society objects to them. So, it was suggested that changes could be possible not only by reforming legal status but also by reforming social condition. He also referred to the situation of disabled people earlier the robust laws were passed to protect their rights.
“A law cannot be effective without it being acknowledged by the society and such an awakening in the society is not going to happen overnight. It requires regular deliberation and it has to necessarily fall out very strongly from the constitutional institutions and I believe that the judiciary and particularly the constitutional courts have a major role to play in spreading this awareness and awakening the society,”
Justice N Anand Venkatesh further issued guidelines to ensure security to LGBTQIA+ persons.
 The police while investigating should not harass the consenting adults belonging to the LGBTQIA+ community, in cases of missing girl or woman or man.
 The Ministry of Social Justice & Empowerment (MSJE) was directed to prepare a list of community-based NGOs which know about how to deal with issues faced by the LGBTQIA+ community.
 Anyone facing an issue concerning their belongingness to the LGBTQIA+ might approach the enlisted NGOs seeking protection of their rights.
 The NGOs should maintain confidential records of persons facing an issue.
 The problems should be addressed with the best possible method based on the facts and circumstances of cases. DLSA or assistance by the law enforcement agencies would provide support such as counselling, financial support or legal aid
 To amend the Aanganwadi with suitable changes to
provide shelters and/or homes to any and every member of the LGBTQIA+ community.
 The Union and State Govt. should take measures to eliminate the prejudice against the LGBTQIA+ community from the society.
 For spreading awareness amongst the masses, sensitization programs should be conducted by the government.