'LGBTQIA+ Community Cannot Be Left In A Vulnerable Atmosphere' : Madras HC Issues Guidelines Against Police Harassment

In a significant judgment upholding the rights of members of LGBTQIA+ community, the Madras High Court has issued a slew of guidelines to ensure that they are not harassed by police in missing complaints lodged by their parents.While considering a writ petition filed by two lesbian women against police harassment, a single bench of Justice Anand Venkatesh noted that a societal change is needed in the approach towards LGBTQIA+ relationships. The hostilities they face are due to the fact that their relationship do not enjoy societal sanction."...the actual problem is not the fact that the law does not recognise a relationship but that the sanction that is accorded by the society is not available. It is only for this reason, I strongly feel that the change must take place at a societal level and when it is complemented by a law there will be a remarkable change in the outlook of the society by recognising same-sex relationships", the Court said in the case S. Sushama and another v Commissioner of Police and others.The Court observed that legislative changes are needed to eradicate the social discrimination against LGBTQIA+ community and to ensure the protection of their life and dignity. In this regard,the court mentioned how legislative interventions are changing the attitude towards persons with disabilities and mental illness. The Court called for similar legislative interventions with respect to LGBTQIA+ community as well."Till the legislature comes up with an enactment, the LGBTQIA+ community cannot be left in a vulnerable atmosphere where there is no guarantee for their protection and safety. This gap is now sought to be filled in by way of issuing guidelines till law takes over and guarantees safety and protection", the Court said while proceeding to issue certain guidelines.The Court issued the the following interim guidelines/directions: A.The police, on receipt of any complaint regarding girl/woman/man missing cases which upon enquiry/investigation is found to involve consenting adults belonging to the LGBTQIA+ community, shall upon receipt of their statements, close the complaint without subjecting them to any harassment. B.The Ministry of Social Justice & Empowerment (MSJE), has to enlist Non-Governmental Organizations (NGOs) including community-based groups which have sufficient expertise in handling the issues faced by the LGBTQIA+ community. The list of such NGOs along with the address, contact details, and services provided shall be published and revised periodically on the official website. Such details shall be published within 8 weeks from the date of receipt of copy of this order. C.Any person who faces an issue for the reason of their belongingness to the LGBTQIA+ community may approach any of the enlisted NGOs for safeguarding and protecting their rightsD.The concerned NGO in consultation with the MSJE, shall maintain confidential records of such persons who approach the enlisted NGOs and the aggregate data shall be provided to the concerned Ministry bi-annually. E.Such problems shall be addressed with the best-suited method depending on the facts and circumstances of each case be it counselling, monetary support, legal assistance with the support of District Legal Services Authority, or to co-ordinate with law enforcement agencies about offenses committed against any persons belonging to the LGBTQIA+ community.F.With specificity of issue of accommodation, suitable changes are to be made in existing short stay homes, Anganwadi shelters, and "garima greh" (a shelter home for transgender persons, the purpose of which is to provide shelter to transgender persons, with basic amenities like shelter, food, medical care and recreational facilities. Besides, it will provide support for capacity-building/skill development of persons in the community, which will enable them to lead a life of dignity and respect) to accommodate any and every member of the LGBTQIA+ community, who require shelters and/or homes. The MSJE shall make adequate infrastructural arrangements in this regard, within a period of 12 weeks from the date of receipt of copy of this order. G.Such other measures that are needed for eliminating prejudices against the LGBTQIA+ community, and channelizing them back into the mainstream shall also be taken up. The Union and State Governments respectively, in consultation with such other Ministries and/or Departments shall endeavour to device such measures and policies. H.For the sake of creating awareness, this Court suggests following sensitization programs to be conducted by the concerned Ministry of the Union/State Government(s)(The judgment lists out an indicative list of sensitization programs).The High Court noted that the Supreme Court has decriminalized homosexuality between consenting adults by reading down Section 377 of the Indian Penal Code in the 2018 Navtej Singh Johar judgment. It noted that the Supreme Court...

'LGBTQIA+ Community Cannot Be Left In A Vulnerable Atmosphere' : Madras HC Issues Guidelines Against Police Harassment

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