Ignorantia Juris Non Excusat is a maxim which is heard frequently in courts . This is the Latin for “Ignorance of Law is Not an Excuse”. But Anand Vankatesh, a judge of the Madras High Court coined a new term on Monday for lawmakers, social activists and academia by stating that “Ignorance is No Justification for normalizing any form of discrimination”.
Disposing of a petition filed by two transgenders, Judge Venkatesh issued a slew of guidelines to ensure the protection of Lesbian, Gay, Bisexual, and Transgender (LGBTQIA+) persons in consensual relationships from police harassment.
In a unique verdict, Judge Venkatesh said that he voluntarily underwent psycho-educational sessions and interactions with LGBTQIA+ people to have a better understanding of their emotions and problems.
Two transgenders S Sushma (22) and A Seema (21) hailing from Madurai had approached the Madras High Court with a plea to save them from police harassment as the powers that be did not accept their love life and were forcing them to go back to their respective parents.
“This Writ Petition has brought to light an important issue requiring de-stigmatisation and acceptance in the eyes of the society,” said Judge Venkatesh.
He said the opposition by parents and legal officials towards the relation between Sushama and Seema arose because of ignorance and the failure of the concerned parties to understand the reality. “I am also trying to break my own preconceived notions about this issue and I am in the process of evolving, and sincerely attempting to understand the feelings of the Petitioners and their parents thereafter, proceed to write a detailed Order on this issue,” he said.
That is the reason why I am trying to develop this case brick by brick and ultimately, construct something purposeful on this issue,” he said in the judgment.
“I realized, after a one-on-one interaction with the Petitioners, that it was I (us), who has to set off on a journey of understanding them and accepting them and shed our notions, and not they who have to turn themselves inside out to suit our notions of social morality and tradition”, said the judge.
In addition to his one-to-one sessions with the petitioner, judge Venkatesh underwent counselling sessions with psycho-analysts, psychologists which opened a new vista in front of him about the world of same-sex relations which was hitherto remained unexplored and unseen. Judge Venkatesh while allowing the petitioners to stay together and instructed their guardians to leave them alone drove home the point that the attitude of the entire society including educational institutions have to change taking onto account the life from the perspective of the LGBTQIA community.