TN Govt Considering Amendments In Police Conduct Rules To Prevent Harassment Of LGBTQIA+ Community: State Tells Madras High Court

Various government authorities yesterday expressed their willingness before the Madras High Court to make amends in their approach towards the LGBTQIA+ community, by conducting sensitization programmes and other steps expedient for the purpose.The Public Prosecutor informed Justice N. Venkatesh Anand that the State is seriously considering amendments to the Police Conduct Rules to ensure that the Community does not suffer harassment at the hands of any police officer.Meanwhile, various awareness programmes that were conducted at the Central Prisons and prisoners who are members of the Community are accommodated separately, in all the prisons.Similarly, Additional Advocate General submitted that standard words and expressions to be used by the press and media while addressing the Community individuals will soon be submitted to the Court.Further, the National Medical Commission had issued an advisory to amend the various materials in the medical textbooks and remove the prevailing unscientific notions about the community.The developments come in a protection plea filed by a Lesbian couple facing police harassment, and pursuant to a slew of guidelines issued by the High Court in June this year to ensure the protection of LGBTQIA+ persons in consensual relationships.The Court had also issued a host of directions against police harassment, insensitive media reportage in matters pertaining to the LGBTQIA+ community, insensitive terminology in medical textbooks regarding the LGBTQIA+ community, etc. Proposed Amendment To Tamil Nadu Police Conduct Rules The Court was informed that draft amendment to the Police Conduct Rules has already been placed before the Government and that the same proposes to include Rule 24-C in the Conduct Rules that shall specifically deal with disciplinary action to be initiated against police officers who involve in the act of harassing LGBTQIA+ persons.It was further submitted that the draft amendment is under serious consideration, and within a couple of weeks, the Government will pass appropriate orders amending the said Conduct Rules.Hearing this, the bench remarked, "…This new Rule will be effectively instrumental in ensuring that the Community does not suffer harassment at the hands of any police officer. This Court is confident that regular sensitisation programmes will definitely help the police officers change their attitude insofar as the LGBTQIA+ Community is concerned, and in the future, instances warranting the use of this particular Conduct Rule to punish erring police officers will become rare." Sensitization Programmes For Prison Personnel The Court also took on record a report filed by Directorate General of Prisons, regarding the sensitization programmes conducted for personnel in various central prisons across the state, with the help of members of the LGBTQIA+ community.It was further submitted that Transwomen prisoners are lodged in Special Prisons for Women and Trans-Men prisoners are lodged in Central Prisons, based on the gender category mentioned in the warrant of respective prisoners. Additionally, it was submitted that LGBTQIA+ Prisoners are housed separately in all Tamil Nadu Prisons. Progress In Formulation Of Transgender Policy In the order dated 4th October, the High Court had asked authorities including school education, higher education, home departments as well as the State Ministry of Law and Tamil Nadu State Legal Services Authority to create a transgender policy. The Additional Advocate General has sought more time to formulate the same. The High Court has also asked the Department of Social Welfare & Women Empowerment to submit a status report on the same. "…There shall also be a further direction to prepare a standardised guide/prescriptive glossary containing the words and expressions to be used by the press and media while addressing persons belonging to the Community. Once such a Guide is placed before this Court, this Court will issue a mandamus to the press and media to henceforth use only those terms while addressing persons belonging to the Community. The status report shall be filed before this Court on 23.12.2021 covering all these aspects", the court noted about standard words and expressions to be used by the press and media while addressing LGBTQIA+ Community. 'Unscientific' & 'Derogatory' Material About LGBTQIA+ Community In MBBS Curriculum The court has asked the National Medical Commission to consider draft modifications suggested by the petitioners for removing offensive and unscientific terms about the LGBTQIA+ community from the Competency-Based Under Graduate Curriculum (CBME). NCERT Action Plan For Sensitization The Court has been informed that the NCERT has devised an action plan for widespread sensitisation of teachers, parents and students to accommodate gender non-conforming children. However, the Court was dismayed over taking down of certain...

TN Govt Considering Amendments In Police Conduct Rules To Prevent Harassment Of LGBTQIA+ Community: State Tells Madras High Court

Sebin James

Court directed Social Welfare Department to prepare glossary for media, containing expressions for addressing persons belonging to the Community.

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